C-61.01 - Natural Heritage Conservation Act

Section 88 Disposition versions

2022-05-12

88. The provisions of Chapter VI of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to claims made by the Minister for the recovery of amounts owed to the Minister under this Act or the regulations.

2002, c. 74, s. 88; 2021, c. 1, ss. 43 and 44; 2022, c. 8, s. 25.

2021-03-19

88. The Minister may claim payment from a person of any amount owed to the Minister under this Act or the regulations by notification of a notice of claim. However, in the case of a monetary administrative penalty, the claim is made by the person designated by the Minister under section 69.5.

A notice of claim must state the amount of the claim, the reasons for it and the time from which it bears interest. In the case of a monetary administrative penalty, it must mention the right to obtain a review of the decision and the time limit for applying for a review. In other cases, the notice must mention the right to contest the claim before the Administrative Tribunal of Québec and the time limit for bringing such a proceeding.

The notice must also include information on the procedure for recovery of the amount claimed, in particular with regard to the issue of a recovery certificate under section 93 and its effects. The person concerned must also be advised that failure to pay the amount owing may give rise to the refusal, amendment, suspension or revocation of any authorization issued under this Act or the regulations and, if applicable, that the facts on which the claim is founded may result in penal proceedings.

If the notice concerns more than one person, the debtors are solidarily liable.

Unless otherwise provided, the amount owing bears interest at the rate determined under the first paragraph of section 28 of the Tax Administration Act (chapter A-6.002), from the 31st day after notification of the notice.

Notification of a notice of claim interrupts the prescription provided for in the Civil Code with regard to the recovery of an amount owing.

2002, c. 74, s. 88; 2021, c. 1, ss. 43 and 44.

2002-12-19

88. The ecological reserves established and the nature reserves recognized before 19 December 2002 are maintained. The same applies to proposed ecological reserves in whose respect a notice was published in the Gazette officielle du Québec before that date. Those reserves are governed, as of that date, by the provisions of this Act subject to the following paragraph.

The Minister is not required to propose to the Government for approval a conservation plan for the ecological reserves already established. The Minister has one year from 19 December 2002 to have the Government approve a conservation plan for proposed ecological reserves. The proposed ecological reserves are deemed to have been set aside, in accordance with Title III, for a period of four years beginning on 19 December 2002. Any public consultation on the proposals being held on that date shall continue in accordance with the provisions of this Act.

2002, c. 74, s. 88.