C-61.01 - Natural Heritage Conservation Act

Section 49 Disposition versions

2022-08-23

49. The following activities are prohibited in a biodiversity reserve:

(1)  commercial forest development activities, except, subject to compatibility with the biodiversity reserve’s objectives,

(a)  activities carried on to protect forests against fire, destructive insects and cryptogamic diseases;

(b)  the construction, improvement, repair, maintenance and decommissioning of multi-purpose roads within the meaning of the Sustainable Forest Development Act (chapter A-18.1); and

(c)  the removal of non-timber forest products, except activities related to the operation of a sugar bush;

(2)  activities carried on for the purposes of exploration for or the mining of mineral substances and the construction of infrastructure to be used to transport such substances;

(3)  activities carried on for the purposes of natural gas storage;

(4)  oil and gas pipeline construction; and

(5)  activities carried on for the purposes of the commercial production, processing, distribution and transmission of electricity.

Subparagraph 5 of the first paragraph does not apply to electric power transmission lines at voltages below 44 kV.

2002, c. 74, s. 49; 2021, c. 1, s. 35; 2022, c. 10, s. 8.

2021-03-19

49. The following activities are prohibited in a biodiversity reserve:

(1)  commercial forest development activities, except, subject to compatibility with the biodiversity reserve’s objectives,

(a)  activities carried on to protect forests against fire, destructive insects and cryptogamic diseases;

(b)  the construction, improvement, repair, maintenance and decommissioning of multi-purpose roads within the meaning of the Sustainable Forest Development Act (chapter A-18.1); and

(c)  the removal of non-timber forest products, except activities related to the operation of a sugar bush;

(2)  activities carried on for the purposes of exploration for or the mining of mineral substances and the construction of infrastructure to be used to transport such substances;

(3)  activities carried on for the purposes of petroleum or underground reservoir exploration, petroleum production or storage, or brine production;

(4)  oil and gas pipeline construction; and

(5)  activities carried on for the purposes of the commercial production, processing, distribution and transmission of electricity.

Subparagraph 5 of the first paragraph does not apply to electric power transmission lines at voltages below 44 kV.

2002, c. 74, s. 49; 2021, c. 1, s. 35.

2002-12-19

49. The conditions that may be imposed for the carrying on of an activity in an aquatic reserve, biodiversity reserve or ecological reserve may include the requirement to pay fees or to provide security or any other form of financial guarantee.

The conditions may also include a requirement to obtain the authorization of the Minister or of another government authority. An authorization may be suspended or revoked

(1)  if the holder of the authorization does not comply with the conditions fixed by the Minister or with the regulatory standards prescribed under this Act;

(2)  if the authorization was granted on the basis of erroneous or false information; or

(3)  if the measure has become necessary to ensure the protection of the area concerned.

The Minister or the authority shall, before suspending or revoking an authorization, notify the holder in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J‐3) and allow the holder at least 10 days to present observations.

The Minister or the authority may, however, where urgent action is required or in order to prevent irreparable damage, make a decision without being bound by those prior obligations. In such a case, the holder may within the time specified present observations for a review of the decision.

2002, c. 74, s. 49.