C-61.01 - Natural Heritage Conservation Act

Section 34 Disposition versions

2021-03-19

34. The Minister shall hold, depending on the concerns raised or the individuals or groups to be consulted, either a public hearing or a targeted consultation.

2002, c. 74, s. 34; 2010, c. 3, s. 280; 2021, c. 1, s. 35.

2013-04-01

34. On land in the domain of the State covered by the plan of a proposed aquatic reserve, biodiversity reserve or ecological reserve,

(1)  the following activities are prohibited:

(a)  mining, and gas or petroleum development;

(b)  forest development activities within the meaning of the Sustainable Forest Development Act (chapter A-18.1);

(c)  the development of hydraulic resources and any production of energy on a commercial or industrial basis;

(d)  any other activity prohibited by the conservation plan for the proposed area;

(e)  any other activity which the Government may prohibit by regulation; and

(f)  subject to measures in the conservation plan authorizing the activities and specifying the conditions on which they may be carried on:

i.  mining, gas and petroleum exploration, brine and underground reservoir exploration, prospecting, and digging or boring where those activities necessitate stripping, the digging of trenches, excavation or deforestation,

ii.  any new allocation of a right to occupy land for vacation resort purposes, and

iii.  earthwork or construction work;

(2)  all other activities are permitted, subject to the conditions contained in the conservation plan governing the carrying on of the activities. Notwithstanding subparagraph b of subparagraph 1, activities carried out to meet domestic needs or for the purpose of maintaining biodiversity are permitted, subject to the conditions contained in the conservation plan governing the carrying on of the activities.

The prohibitions and restrictions on the carrying on of activities under subparagraphs 1 and 2 of the first paragraph also apply, in addition to the prohibitions set out in section 69 of the Expropriation Act (chapter E-24), on all private land subject to a reserve for public purposes established by the Minister pursuant to Title III of that Act.

2002, c. 74, s. 34; 2010, c. 3, s. 280.

2002-12-19

34. On land in the domain of the State covered by the plan of a proposed aquatic reserve, biodiversity reserve or ecological reserve,

(1)  the following activities are prohibited:

(a)  mining, and gas or petroleum development;

(b)  forest management within the meaning of section 3 of the Forest Act (chapter F‐4.1);

(c)  the development of hydraulic resources and any production of energy on a commercial or industrial basis;

(d)  any other activity prohibited by the conservation plan for the proposed area;

(e)  any other activity which the Government may prohibit by regulation; and

(f)  subject to measures in the conservation plan authorizing the activities and specifying the conditions on which they may be carried on:

i.  mining, gas and petroleum exploration, brine and underground reservoir exploration, prospecting, and digging or boring where those activities necessitate stripping, the digging of trenches, excavation or deforestation,

ii.  any new allocation of a right to occupy land for vacation resort purposes, and

iii.  earthwork or construction work;

(2)  all other activities are permitted, subject to the conditions contained in the conservation plan governing the carrying on of the activities. Notwithstanding subparagraph b of subparagraph 1, activities carried out to meet domestic needs or for the purpose of maintaining biodiversity are permitted, subject to the conditions contained in the conservation plan governing the carrying on of the activities.

The prohibitions and restrictions on the carrying on of activities under subparagraphs 1 and 2 of the first paragraph also apply, in addition to the prohibitions set out in section 69 of the Expropriation Act (chapter E‐24), on all private land subject to a reserve for public purposes established by the Minister pursuant to Title III of that Act.

2002, c. 74, s. 34.