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

Section 5 Disposition versions

2024-08-01

5. The following projects and work are exempt from the payment of a financial contribution payable under the first paragraph of section 46.0.5 of the Act to compensate for adverse effects on wetlands and bodies of water:

(1)  projects that result in a cumulative loss of area according to the type of environment concerned

(a)  of 30 m2 or less of open wetland or a body of water;

(b)  of 300 m2 or less of wooded wetland;

(2)  work to maintain, re-establish or improve the ecological functions of a wetland or body of water;

(3)  work carried out in the low-velocity flood zone of a lake or watercourse and, if it is demonstrated that the work will not result in a decrease of the flood routing capacity, work carried out in

(a)  the high-velocity flood zone; and

(b)  (subparagraph obsolete);

(4)  work carried out after an activity referred to in section 31.0.12 of the Act;

(5)  (subparagraph revoked);

(6)  work subject to a general authorization within the meaning of section 31.0.5.1 of the Act when carried out in a watercourse whose geometry has already been modified in accordance with an agreement, municipal by-law or authorization, and work referred to in section 105 of the Municipal Powers Act (chapter C-47.1);

(7)  work related to the construction or alteration of a building used by a municipal fire safety service, a police force, a 9-1-1 emergency centre or a secondary emergency communication centre governed by the Act respecting emergency communication centres (chapter C-8.2.1);

(8)  work for the maintenance dredging of a channel developed for navigation purposes, a port or municipal, commercial or industrial wharf, and the release of sediment in open water related to the work, where it is carried out on a site where such releases have already been authorized;

(9)  (subparagraph revoked);

(10)  work related to slope stabilization work carried out on the shore or bank or in the littoral zone of a lake or watercourse when using one of the following methods:

(a)  phytotechnology;

(b)  when the work relates to a road infrastructure, 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 in any of the territories listed in Schedule IV,

i.  a method combining phytotechnology and the use of inert woody materials;

ii.  a method combining phytotechnology and keyed rock infill;

(11)  work for sedimentary nourishment to counter a sedimentary deficit;

(12)  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 the activities are carried out in wooded wetland located outside the sugar maple-bitternut hickory bioclimatic domain;

(13)  with the exception of silvicultural drainage, silvicultural treatments carried out in an open wetland and other forest development activities carried out in a wooded wetland;

(14)  work to redevelop and rehabilitate an abandoned mining site carried out by the minister responsible for natural resources;

(15)  the work referred to in sections 29 and 30 of the Regulation respecting municipal wastewater treatment works (chapter Q-2, r. 34.1) carried out by a municipality to comply with the standards applicable to a wastewater treatment works.

For the purposes of subparagraph 12 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 exempted.

O.C. 1242-2018, s. 5; O.C. 871-2020, s. 1; O.C. 1369-2021, s. 3; I.N. 2022-04-01; I.N. 2024-08-01.

2024-05-28

5. The following projects and work are exempt from the payment of a financial contribution payable under the first paragraph of section 46.0.5 of the Act to compensate for adverse effects on wetlands and bodies of water:

(1)  projects that result in a cumulative loss of area according to the type of environment concerned

(a)  of 30 m2 or less of open wetland or a body of water;

(b)  of 300 m2 or less of wooded wetland;

(2)  work to maintain, re-establish or improve the ecological functions of a wetland or body of water;

(3)  work carried out in the low-velocity flood zone of a lake or watercourse and, if it is demonstrated that the work will not result in a decrease of the flood routing capacity, work carried out in

(a)  the high-velocity flood zone; and

(b)  (subparagraph obsolete);

(4)  work carried out after an activity referred to in section 31.0.12 of the Act;

(5)  (subparagraph revoked);

(6)  work subject to a general authorization within the meaning of section 31.0.5.1 of the Act when carried out in a watercourse whose geometry has already been modified in accordance with an agreement, municipal by-law or authorization, and work referred to in section 105 of the Municipal Powers Act (chapter C-47.1);

(7)  work related to the construction or alteration of a building used by a municipal fire safety service, a police force, a 9-1-1 emergency centre or a secondary emergency communication centre governed by the Act respecting emergency communication centres (chapter C-8.2.1);

(8)  work for the maintenance dredging of a channel developed for navigation purposes, a port or municipal, commercial or industrial wharf, and the release of sediment in open water related to the work, where it is carried out on a site where such releases have already been authorized;

(9)  (subparagraph revoked);

(10)  work related to slope stabilization work carried out on the shore or bank or in the littoral zone of a lake or watercourse when using one of the following methods:

(a)  phytotechnology;

(b)  when the work relates to a road infrastructure, 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 in any of the territories listed in Schedule IV,

i.  a method combining phytotechnology and the use of inert woody materials;

ii.  a method combining phytotechnology and keyed rock infill;

(11)  work for sedimentary nourishment to counter a sedimentary deficit;

(12)  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 the activities are carried out in wooded wetland located outside the sugar maple-bitternut hickory bioclimatic domain;

(13)  with the exception of silvicultural drainage, silvicultural treatments carried out in an open wetland and other forest development activities carried out in a wooded wetland;

(14)  work to redevelop and rehabilitate an abandoned mining site carried out by the minister responsible for natural resources;

(15)  the work referred to in sections 29 and 30 of the Regulation respecting municipal wastewater treatment works (chapter Q-2, r. 34.1) carried out by a municipality to comply with the standards applicable to a wastewater treatment works.

For the purposes of subparagraph 12 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 exempted.

O.C. 1242-2018, s. 5; O.C. 871-2020, s. 1; O.C. 1369-2021, s. 3; I.N. 2022-04-01.

2022-04-01

5. The following projects and work are exempt from the payment of a financial contribution payable under the first paragraph of section 46.0.5 of the Act to compensate for adverse effects on wetlands and bodies of water:

(1)  projects that result in a cumulative loss of area according to the type of environment concerned

(a)  of 30 m2 or less of open wetland or a body of water;

(b)  of 300 m2 or less of wooded wetland;

(2)  work to maintain, re-establish or improve the ecological functions of a wetland or body of water;

(3)  work carried out in the low-velocity flood zone of a lake or watercourse and, if it is demonstrated that the work will not result in a decrease of the flood routing capacity, work carried out in

(a)  the high-velocity flood zone; and

(b)  (subparagraph obsolete);

(4)  work carried out after an activity referred to in section 31.0.12 of the Act;

(5)  (subparagraph revoked);

(6)  work subject to a general authorization within the meaning of section 31.0.5.1 of the Act when carried out in a watercourse whose geometry has already been modified in accordance with an agreement, municipal by-law or authorization, and work referred to in section 105 of the Municipal Powers Act (chapter C-47.1);

(7)  work related to the construction or alteration of a building used by a municipal fire safety service, a police force, a 9-1-1 emergency centre or a secondary emergency call centre governed by the Civil Protection Act (chapter S-2.3);

(8)  work for the maintenance dredging of a channel developed for navigation purposes, a port or municipal, commercial or industrial wharf, and the release of sediment in open water related to the work, where it is carried out on a site where such releases have already been authorized;

(9)  (subparagraph revoked);

(10)  work related to slope stabilization work carried out on the shore or bank or in the littoral zone of a lake or watercourse when using one of the following methods:

(a)  phytotechnology;

(b)  when the work relates to a road infrastructure, 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 in any of the territories listed in Schedule IV,

i.  a method combining phytotechnology and the use of inert woody materials;

ii.  a method combining phytotechnology and keyed rock infill;

(11)  work for sedimentary nourishment to counter a sedimentary deficit;

(12)  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 the activities are carried out in wooded wetland located outside the sugar maple-bitternut hickory bioclimatic domain;

(13)  with the exception of silvicultural drainage, silvicultural treatments carried out in an open wetland and other forest development activities carried out in a wooded wetland;

(14)  work to redevelop and rehabilitate an abandoned mining site carried out by the minister responsible for natural resources;

(15)  the work referred to in sections 29 and 30 of the Regulation respecting municipal wastewater treatment works (chapter Q-2, r. 34.1) carried out by a municipality to comply with the standards applicable to a wastewater treatment works.

For the purposes of subparagraph 12 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 exempted.

O.C. 1242-2018, s. 5; O.C. 871-2020, s. 1; O.C. 1369-2021, s. 3; I.N. 2022-04-01.

2022-03-01

5. The following projects and work are exempt from the payment of a financial contribution payable under the first paragraph of section 46.0.5 of the Act to compensate for adverse effects on wetlands and bodies of water:

(1)  projects that result in a cumulative loss of area according to the type of environment concerned

(a)  of 30 m2 or less of open wetland or a body of water;

(b)  of 300 m2 or less of wooded wetland;

(2)  work to maintain, re-establish or improve the ecological functions of a wetland or body of water;

(3)  work carried out in the low-velocity flood zone of a lake or watercourse and, if it is demonstrated that the work will not result in a decrease of the flood routing capacity, work carried out in

(a)  the high-velocity flood zone; and

(b)  the high-velocity flood zone;

(4)  work carried out after an activity referred to in section 31.0.12 of the Act;

(5)  (subparagraph revoked);

(6)  work subject to a general authorization within the meaning of section 31.0.5.1 of the Act when carried out in a watercourse whose geometry has already been modified in accordance with an agreement, municipal by-law or authorization, and work referred to in section 105 of the Municipal Powers Act (chapter C-47.1);

(7)  work related to the construction or alteration of a building used by a municipal fire safety service, a police force, a 9-1-1 emergency centre or a secondary emergency call centre governed by the Civil Protection Act (chapter S-2.3);

(8)  work for the maintenance dredging of a channel developed for navigation purposes, a port or municipal, commercial or industrial wharf, and the release of sediment in open water related to the work, where it is carried out on a site where such releases have already been authorized;

(9)  (subparagraph revoked);

(10)  work related to slope stabilization work carried out on the shore or bank or in the littoral zone of a lake or watercourse when using one of the following methods:

(a)  phytotechnology;

(b)  when the work relates to a road infrastructure, 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 in any of the territories listed in Schedule IV,

i.  a method combining phytotechnology and the use of inert woody materials;

ii.  a method combining phytotechnology and keyed rock infill;

(11)  work for sedimentary nourishment to counter a sedimentary deficit;

(12)  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 the activities are carried out in wooded wetland located outside the sugar maple-bitternut hickory bioclimatic domain;

(13)  with the exception of silvicultural drainage, silvicultural treatments carried out in an open wetland and other forest development activities carried out in a wooded wetland;

(14)  work to redevelop and rehabilitate an abandoned mining site carried out by the minister responsible for natural resources;

(15)  the work referred to in sections 29 and 30 of the Regulation respecting municipal wastewater treatment works (chapter Q-2, r. 34.1) carried out by a municipality to comply with the standards applicable to a wastewater treatment works.

For the purposes of subparagraph 12 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 exempted.

O.C. 1242-2018, s. 5; O.C. 871-2020, s. 1; O.C. 1369-2021, s. 3.

2021-12-31

5. The following projects and work are exempt from the payment of a financial contribution payable under the first paragraph of section 46.0.5 of the Act to compensate for adverse effects on wetlands and bodies of water:

(1)  projects that result in a cumulative loss of area according to the type of environment concerned

(a)  of 30 m2 or less of open wetland or a body of water;

(b)  of 300 m2 or less of wooded wetland;

(2)  work to maintain, re-establish or improve the ecological functions of a wetland or body of water;

(3)  work carried out in the floodplain associated with a 100-year flood event of a lake or watercourse and, if it is demonstrated that the work will not result in a decrease of the flood routing capacity, work carried out in

(a)  the floodplain associated with a 20-year flood event; and

(b)  the floodplain where the 20-year and 100-year flood events are not distinguished;

(4)  work carried out after an activity referred to in section 31.0.12 of the Act;

(5)  (subparagraph revoked);

(6)  work subject to a general authorization within the meaning of section 31.0.5.1 of the Act when carried out in a watercourse whose geometry has already been modified in accordance with an agreement, municipal by-law or authorization, and work referred to in section 105 of the Municipal Powers Act (chapter C-47.1);

(7)  work related to the construction or alteration of a building used by a municipal fire safety service, a police force, a 9-1-1 emergency centre or a secondary emergency call centre governed by the Civil Protection Act (chapter S-2.3);

(8)  work for the maintenance dredging of a channel developed for navigation purposes, a port or municipal, commercial or industrial wharf, and the release of sediment in open water related to the work, where it is carried out on a site where such releases have already been authorized;

(9)  (subparagraph revoked);

(10)  work related to slope stabilization work carried out on the shore or bank or in the littoral zone of a lake or watercourse when using one of the following methods:

(a)  phytotechnology;

(b)  when the work relates to a road infrastructure, 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 in any of the territories listed in Schedule IV,

i.  a method combining phytotechnology and the use of inert woody materials;

ii.  a method combining phytotechnology and keyed rock infill;

(11)  work for sedimentary nourishment to counter a sedimentary deficit;

(12)  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 the activities are carried out in wooded wetland located outside the sugar maple-bitternut hickory bioclimatic domain;

(13)  with the exception of silvicultural drainage, silvicultural treatments carried out in an open wetland and other forest development activities carried out in a wooded wetland;

(14)  work to redevelop and rehabilitate an abandoned mining site carried out by the minister responsible for natural resources;

(15)  the work referred to in sections 29 and 30 of the Regulation respecting municipal wastewater treatment works (chapter Q-2, r. 34.1) carried out by a municipality to comply with the standards applicable to a wastewater treatment works.

For the purposes of subparagraph 12 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 exempted.

O.C. 1242-2018, s. 5; O.C. 871-2020, s. 1; O.C. 1369-2021, s. 3.

2020-12-31

5. The following projects and work are exempt from the payment of a financial contribution payable under the first paragraph of section 46.0.5 of the Act to compensate for adverse effects on wetlands and bodies of water:

(1)  projects that result in a loss of the surface area of a wetland or body of water equal to or less than 30 m2;

(2)  work to improve the ecological functions of a wetland or body of water;

Not in force

(3)  except where work is also carried out in a wetland or in the littoral zone or the shore or bank of a lake or watercourse:

(a)  work carried out in the 0-20 year floodplain of a lake or watercourse, if it is demonstrated that the work will not result in a decrease of the flood routing capacity;

(b)  work carried out in the 20-100 year floodplain of a lake or watercourse;

(c)  work in the floodplain of a lake or watercourse whose 0-20 and 20-100 year floodplain are not distinguished from one another, if it is demonstrated that the work will not result in a decrease of the flood routing capacity;

(4)  work carried out after an activity referred to in section 31.0.12 of the Act;

(5)  activities exempted from the environmental impact assessment and review procedure under section 31.7.1 of the Act and work carried out following such activities;

(6)  work subject to a general authorization within the meaning of section 31.0.5.1 of the Act and work referred to in section 105 of the Municipal Powers Act (chapter C-47.1);

(7)  work related to the construction or alteration of a building used by a municipal fire safety service, a police force, a 9-1-1 emergency centre or a secondary emergency call centre governed by the Civil Protection Act (chapter S-2.3);

(8)  work for the maintenance dredging of a channel developed for navigation purposes, a port or municipal, commercial or industrial wharf, and the release of sediment in open water related to the work, where it is carried out on a site where such releases have already been authorized;

(9)  work for the maintenance or stabilization of an outlet or a water withdrawal facility;

(10)  work related to slope stabilization work by means of phytotechnologies carried out on the shore, bank or littoral zone of a lake or watercourse;

(11)  work for beach nourishment to counter the effects of erosion;

(12)  the establishment and operation of a cranberry or blueberry farm;

(13)  where the activities are carried out in a forest other than a forest in the domain of the State, except activities referred to in subparagraphs a and b of paragraph 1 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),

(a)  forest development activities carried out in a peatland;

(b)  forest development activities carried out in a treed swamp.

For the purpose of this section, the term “forest development activities” has the same meaning as that assigned by paragraph 1 of section 4 of the Sustainable Forest Development Act (chapter A-18.1).

O.C. 1242-2018, s. 5; O.C. 871-2020, s. 1.

2018-09-20

5. The following projects and work are exempt from the payment of a financial contribution payable under the first paragraph of section 46.0.5 of the Act to compensate for adverse effects on wetlands and bodies of water:

(1)  projects that result in a loss of the surface area of a wetland or body of water equal to or less than 30 m2;

(2)  work to improve the ecological functions of a wetland or body of water;

Not in force

(3)  except where work is also carried out in a wetland or in the littoral zone or the shore or bank of a lake or watercourse:

(a)  work carried out in the 0-20 year floodplain of a lake or watercourse, if it is demonstrated that the work will not result in a decrease of the flood routing capacity;

(b)  work carried out in the 20-100 year floodplain of a lake or watercourse;

(c)  work in the floodplain of a lake or watercourse whose 0-20 and 20-100 year floodplain are not distinguished from one another, if it is demonstrated that the work will not result in a decrease of the flood routing capacity;

(4)  work carried out after an activity referred to in section 31.0.12 of the Act;

(5)  activities exempted from the environmental impact assessment and review procedure under section 31.7.1 of the Act and work carried out following such activities;

(6)  work subject to a general authorization within the meaning of section 31.0.5.1 of the Act and work referred to in section 105 of the Municipal Powers Act (chapter C-47.1);

(7)  work related to the construction or alteration of a building used by a municipal fire safety service, a police force, a 9-1-1 emergency centre or a secondary emergency call centre governed by the Civil Protection Act (chapter S-2.3);

(8)  work for the maintenance dredging of a channel developed for navigation purposes, a port or municipal, commercial or industrial wharf, and the release of sediment in open water related to the work, where it is carried out on a site where such releases have already been authorized;

(9)  work for the maintenance or stabilization of an outlet or a water withdrawal facility;

(10)  work related to slope stabilization work by means of phytotechnologies carried out on the shore, bank or littoral zone of a lake or watercourse;

(11)  work for beach nourishment to counter the effects of erosion;

(12)  the establishment and operation of a cranberry or blueberry farm;

(13)  where the activities are carried out in a forest other than a forest in the domain of the State, except activities referred to in subparagraphs a and b of paragraph 1 of section 1 of the Regulation respecting the application of the Environment Quality Act (chapter Q-2, r. 3),

(a)  forest development activities referred to in subparagraphs a to e of paragraph 2 of section 3 of the Regulation respecting the application of the Environment Quality Act (chapter Q-2, r. 3) carried out in a peatland;

(b)  forest development activities carried out in a treed swamp.

For the purpose of this section, the term “forest development activities” has the same meaning as that assigned by paragraph 1 of section 4 of the Sustainable Forest Development Act (chapter A-18.1).

O.C. 1242-2018, s. 5.

Not in force

In force: 2018-09-20

5. The following projects and work are exempt from the payment of a financial contribution payable under the first paragraph of section 46.0.5 of the Act to compensate for adverse effects on wetlands and bodies of water:

(1)  projects that result in a loss of the surface area of a wetland or body of water equal to or less than 30 m2;

(2)  work to improve the ecological functions of a wetland or body of water;

Not in force

(3)  except where work is also carried out in a wetland or in the littoral zone or the shore or bank of a lake or watercourse:

(a)  work carried out in the 0-20 year floodplain of a lake or watercourse, if it is demonstrated that the work will not result in a decrease of the flood routing capacity;

(b)  work carried out in the 20-100 year floodplain of a lake or watercourse;

(c)  work in the floodplain of a lake or watercourse whose 0-20 and 20-100 year floodplain are not distinguished from one another, if it is demonstrated that the work will not result in a decrease of the flood routing capacity;

(4)  work carried out after an activity referred to in section 31.0.12 of the Act;

(5)  activities exempted from the environmental impact assessment and review procedure under section 31.7.1 of the Act and work carried out following such activities;

(6)  work subject to a general authorization within the meaning of section 31.0.5.1 of the Act and work referred to in section 105 of the Municipal Powers Act (chapter C-47.1);

(7)  work related to the construction or alteration of a building used by a municipal fire safety service, a police force, a 9-1-1 emergency centre or a secondary emergency call centre governed by the Civil Protection Act (chapter S-2.3);

(8)  work for the maintenance dredging of a channel developed for navigation purposes, a port or municipal, commercial or industrial wharf, and the release of sediment in open water related to the work, where it is carried out on a site where such releases have already been authorized;

(9)  work for the maintenance or stabilization of an outlet or a water withdrawal facility;

(10)  work related to slope stabilization work by means of phytotechnologies carried out on the shore, bank or littoral zone of a lake or watercourse;

(11)  work for beach nourishment to counter the effects of erosion;

(12)  the establishment and operation of a cranberry or blueberry farm;

(13)  where the activities are carried out in a forest other than a forest in the domain of the State, except activities referred to in subparagraphs a and b of paragraph 1 of section 1 of the Regulation respecting the application of the Environment Quality Act (chapter Q-2, r. 3),

(a)  forest development activities referred to in subparagraphs a to e of paragraph 2 of section 3 of the Regulation respecting the application of the Environment Quality Act (chapter Q-2, r. 3) carried out in a peatland;

(b)  forest development activities carried out in a treed swamp.

For the purpose of this section, the term “forest development activities” has the same meaning as that assigned by paragraph 1 of section 4 of the Sustainable Forest Development Act (chapter A-18.1).

O.C. 1242-2018, s. 5.