C-61.01 - Natural Heritage Conservation Act

Section 25 Disposition versions

2021-03-19

25. This division applies to the area referred to in section 4 of the Act respecting the Société du Plan Nord (chapter S-16.011).

2002, c. 74, s. 25; 2021, c. 1, s. 34.

2002-12-19

25. Where the Minister is of the opinion that a natural setting that is remarkable because of the rarity or exceptional interest of one of its biophysical features is facing a real or apprehended threat of irreversible degradation, the Minister may make an order, effective for a period of not more than 30 days,

(1)  directing that the site be closed, or permitting access only to certain persons or on certain conditions, and providing for the posting of a notice to that effect in public view at or near the entrance to the site;

(2)  directing that an activity be terminated or that special security measures be taken if the activity is a source of threat to the natural setting;

(3)  directing that any thing, animal or introduced plant be destroyed in the manner indicated by the Minister, or that certain animals or plants be treated if they are a source of threat to the natural setting; and

(4)  directing that any other measure the Minister considers necessary be taken to prevent greater threat to the natural setting, or to mitigate the effects of or eliminate the threat.

Before making an order against a person, the Minister must notify the person in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J‐3) and allow the interested person at least 10 days to present observations. The Minister may, however, where urgent action is required or so as to prevent irreparable harm, make an order without being bound by such prior obligations. In such a case, the person may, within the time prescribed, present observations to the Minister for a review of the order.

A judge of the Superior Court may reduce the effective period of or cancel the order on application by an interested person.

On application by the Minister, a judge of that Court may also, in addition to ordering the person to comply therewith, extend, renew or make permanent the order if the judge considers that the continued existence of the natural setting is seriously threatened and is of the opinion that the order made by the Minister is appropriate.

The judge may also make any amendment to the order that appears to the judge to be reasonable in the circumstances.

2002, c. 74, s. 25.