C-61.01 - Natural Heritage Conservation Act

Section 44 Disposition versions

2021-03-19

44. The Government may, by regulation, determine

(1)  that, in addition to the cases provided for in this Act, the carrying on of an activity is prohibited within a protected area;

(2)  that an activity may, although it is prohibited under section 49, 51 or 55, be carried on with the authorization of the Minister; or

(3)  that the carrying on of an activity that is not prohibited under this Act or the regulations made under subparagraph 1 is subject to obtaining the authorization of the Minister.

The Government shall take into consideration the fundamental characteristics of each protected area protection status and ensure that the activities that may be carried on in a protected area are compatible with the conservation objectives applicable to that protected area.

2002, c. 74, s. 44; 2021, c. 1, s. 35.

2002-12-19

44. In addition to the public consultation provided for in Division I, the establishment of an aquatic reserve, a biodiversity reserve, an ecological reserve or a man-made landscape, a change in their limits, or their abolishment, is effected by order of the Government, on a proposal by the Minister, subject to

(1)  compliance with the prescriptions of Chapter VI of Title I of the Act respecting land use planning and development (chapter A‐19.1) where they apply within the area;

(2)  the opinion of the Commission de protection du territoire agricole du Québec if all or part of the land is situated in a reserved area or in an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P‐41.1); and

(3)  publication of a notice of the decision of the Government in the Gazette officielle du Québec with the plan of the area and the applicable conservation plan or protection agreement in the case of a man-made landscape.

2002, c. 74, s. 44.