C-61.1 - Act respecting the conservation and development of wildlife

Section 164.4 Disposition versions

2021-06-11

164.4. If there is a real or apprehended threat of serious and irreversible damage or injury to wildlife or its habitat or to human health or safety, the Minister may, for a period of not more than 90 days, order the owner of an animal, fish or invertebrate, the person having custody or possession of the animal, fish or invertebrate or the owner of movable or immovable property that poses such a threat to:

(1)  cease an activity or take specific safety measures if the activity is a source of threat;

(2)  isolate, treat, kill or destroy the animal, fish, invertebrate or wildlife by-product, in the manner the Minister indicates, if it is or could be a source of threat; and

(3)  take any measure that the Minister considers necessary to prevent a greater threat or to avoid or reduce the effects of or eliminate this threat.

Before issuing an order against a person, the Minister shall notify the notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to him and give him at least 15 days to submit his observations. The Minister may, however, if urgent action is required, issue an order without being bound by those prior obligations. In that case, the person may, within the time period indicated, submit his observations with a view to obtaining a review of the order.

A judge of the Superior Court may reduce the order’s effective period or cancel the order, on application by an interested person.

On application by the Minister, a judge of that Court may order the person to comply with the order. The judge may also extend the order, make it permanent or make any other amendment to it that appears reasonable to him in the circumstances.

Any order issued to the owner of immovable property must be registered against the property in the land register.

2021, c. 24, s. 80.