C-61.01 - Natural Heritage Conservation Act

Section 69.1 Disposition versions

2021-03-19

69.1. Where the Minister is of the opinion that an area or natural setting recognized or designated under this Act or any other natural setting that is remarkable because of the rarity or exceptional interest of one of its biophysical characteristics 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)  prohibiting access to it, or permitting access only to certain persons or on certain conditions, and directing that a notice be posted to that effect in public view at the entrance to or near the site;

(2)  directing that an activity be terminated or that special security measures be taken if the activity poses a threat;

(3)  directing that any thing, including any animal or plant, be destroyed in the manner indicated by the Minister, or that certain animals or plants be treated if they pose a threat; or

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

Before making an order against a person, the Minister shall notify the person in writing as prescribed by section 5 of the Act respecting administrative justice (chapter J-3) and allow the person at least 15 days to present observations. The Minister may, however, where urgent action is required or so as to prevent serious or irreparable harm or damage, 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 cancel the order or reduce its effective period on application by an interested person.

On application by the Minister, a judge of that Court, in addition to directing the person to comply with the order, may also extend or renew the order, or make it permanent, if the judge considers that the area or 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.

2021, c. 1, s. 42.