C-61.01 - Natural Heritage Conservation Act

Section 13 Disposition versions

2021-03-19

13. The Minister may, to ensure the maintenance of biodiversity and of the associated ecological functions, in particular to take into account climate change issues, designate natural settings by establishing their boundaries on a plan.

In the case of wetlands and bodies of water, settings whose qualities correspond to one of the following criteria may, for example, be designated under the first paragraph:

(1)  (subparagraph repealed);

(2)  the settings are remarkable at the regional or provincial level because of their integrity, rarity or surface area; or

(3)  the settings contribute to public safety and, as a result, to protecting persons and property, in particular against the risks associated with flooding, slumping of banks, landslides or coastal erosion.

2002, c. 74, s. 13; 2017, c. 14, s. 17; 2021, c. 1, s. 13.

2017-06-16

13. The Minister may designate certain settings that are remarkable because of the rarity or exceptional interest of one of their biophysical features by establishing their boundaries on a plan.

In the case of wetlands and bodies of water, settings whose qualities correspond to one of the following criteria may also be designated:

(1)  the biological diversity and the functions associated with the settings bestow on them significant ecological value that it is necessary to preserve in order, in particular, to contribute to safeguarding their integrity and to take into account climate change issues;

(2)  the settings are remarkable at the regional or provincial level because of their integrity, rarity or surface area; or

(3)  the settings contribute to public safety and, as a result, to protecting persons and property, in particular against the risks associated with flooding, slumping of banks, landslides or coastal erosion.

Such a designation may also be made for wetlands and bodies of water that have been the subject of an intervention under a wetlands and bodies of water restoration and creation program developed 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).

Any proposed human intervention in a designated natural setting, or if the human intervention has commenced, any furtherance or continuance of it, is subject to the authorization of the Minister.

The Minister may, however, exempt any person or any category of human intervention determined by the Minister from the requirement to obtain authorization. Any human intervention already subject to an authorization of the Minister under the Environment Quality Act (chapter Q‐2) or any other provision for which the Minister is responsible is also exempted from that requirement.

In this chapter, human intervention includes any type of undertaking, works, construction, industry or activity, including the production of goods or services.

2002, c. 74, s. 13; 2017, c. 14, s. 17.

2002-12-19

13. A natural setting that is remarkable because of the rarity or exceptional interest of one of its biophysical features may be designated by the Minister, who shall prepare a plan of it.

Any proposed human intervention in a designated natural setting, or if the human intervention has commenced, any furtherance or continuance of it, is subject to the authorization of the Minister.

The Minister may, however, exempt any person or any category of human intervention determined by the Minister from the requirement to obtain authorization. Any human intervention already subject to an authorization of the Minister under the Environment Quality Act (chapter Q‐2) or any other provision for which the Minister is responsible is also exempted from that requirement.

In this chapter, human intervention includes any type of undertaking, works, construction, industry or activity, including the production of goods or services.

2002, c. 74, s. 13.