Q-2, r. 26 - Agricultural Operations Regulation

Section 2.1 Disposition versions

2022-03-01

2.1. This Regulation does not apply to

(1)  dog and cat raising facilities, fish farms, zoos, and zoological parks and gardens;

(2)  despite section 46.0.2 of the Environment Quality Act (chapter Q-2), hereinafter referred to as the “Act”, 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 of water 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 2 of the first paragraph,

(1)  a site must be situated on land or in a flood zone, excluding the littoral zone, lakeshores and riverbanks, and any wetlands present;

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

(3)  an environment restored or created by work under a program to promote the restoration and creation of wetlands and bodies of water developed pursuant to 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 in accordance with the Regulation respecting compensation for adverse effects on wetlands and bodies of water (chapter Q-2, r. 9.1) cannot be deemed to be a man-made work;

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

O.C. 1596-2021, s. 83.