C-61.01 - Natural Heritage Conservation Act

Section 82 Disposition versions

2022-05-12

82. (Replaced).

2002, c. 74, s. 82; 2021, c. 1, ss. 43 and 44; 2022, c. 8, s. 24.

2021-03-19

82. In the judgment, the judge may order an offender found guilty of an offence under this Act or the regulations

(1)  to refrain from any action or activity that may lead to the continuation or repetition of the offence;

(2)  to perform any action or carry on any activity to prevent the offence from being continued or repeated;

(3)  to take one or more of the following measures, with priority given to those the judge considers most appropriate for the conservation of biological diversity:

(a)  to restore things to the state they were in prior to the offending act;

(b)  to restore things to a state approaching their original state;

(c)  to implement compensatory measures;

(d)  to pay an indemnity, in a lump sum or otherwise, for repair of the damage resulting from the commission of the offence; or

(e)  to pay, as compensation for the damage resulting from the commission of the offence, a sum of money to the Green Fund established under section 15.1 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001) or to the Fund for the Protection of the Environment and the Waters in the Domain of the State established under section 15.4.38 of that Act;

(4)  to provide security or deposit a sum of money to guarantee performance of the offender’s obligations; or

(5)  to make public the finding of guilt and any prevention or repair measures imposed, under the conditions determined by the judge.

Moreover, if the Minister, in administering this Act, has taken restoration or compensatory measures in the place and stead of the offender, the judge may order the offender to reimburse the Minister for the direct and indirect costs of such measures, including interest.

2002, c. 74, s. 82; 2021, c. 1, ss. 43 and 44.

2002-12-19

82. (Amendment integrated into c. M-15.2.1, s. 11).

2002, c. 74, s. 82.