E-12.01 - Act respecting threatened or vulnerable species

Section 39 Disposition versions

2021-06-11

39. In addition to its regulation-making powers under section 10, the Government may, by regulation,

(1)  withdraw certain activities from the application of section 16 in respect of a threatened or vulnerable plant species designated by virtue of this Act;

(2)  determine activities that may alter the ecosystem, biological diversity and physical or chemical components of the habitat of a threatened or vulnerable plant species for which no authorization is required;

(3)  prescribe management standards or conditions, as the case may be, applicable to activities contemplated in paragraphs 1 and 2;

(4)  prescribe the cases and manner in which a habitat of a threatened or vulnerable plant species must be indicated;

(5)  require as a condition precedent to the issue of an authorization, in such cases as it prescribes, that a person furnish security to enable the Minister of Sustainable Development, Environment and Parks to take or cause the taking of the required measures pursuant to the second paragraph of section 8 or to section 23, and fix the nature and amount of the security according to the class of person or habitat or to the kind of activity;

(5.1)  determine the applicable elements, scales and methods for establishing the amount of financial compensation that the Minister of Sustainable Development, Environment and Parks may require under section 18 and the applicable terms of payment, fines and interest;

(5.2)  determine the proportion of the financial compensation required by the Minister of Sustainable Development, Environment and Parks under section 18 that can be reduced in cases where compensation or another type of contribution is required by the Minister under the Environment Quality Act (chapter Q-2) if an activity is carried on in a wetland or body of water or in cases where it is required by the Minister of Natural Resources and Wildlife if the activity is carried on in a wildlife habitat;

(6)  (paragraph repealed);

(6.1)  prescribe the manner in which an inspector of plant life may dispose of a thing seized that is perishable or likely to depreciate rapidly and, according to the category or species of the thing seized, determine the amount or the method to be used for determining the amount of the indemnity payable to the person entitled to it when the inspector has disposed of it;

(7)  prescribe any provision of the regulations the violation of which is an offence.

The activities or the management standards or conditions prescribed in subparagraphs 1, 2 and 3 of the first paragraph may vary according to the plant species, the kind of activity, the class of habitat of a plant species or its location, the time of year or environmental features.

1989, c. 37, s. 39; 1994, c. 17, s. 53; 1997, c. 11, s. 5; 1997, c. 80, s. 66; 1999, c. 36, s. 133; 2006, c. 3, s. 35; 2021, c. 24, s. 111.

2006-04-19

39. In addition to its regulation-making powers under section 10, the Government may, by regulation,

(1)  withdraw certain activities from the application of section 16 in respect of a threatened or vulnerable plant species designated by virtue of this Act;

(2)  determine activities that may alter the ecosystem, biological diversity and physical or chemical components of the habitat of a threatened or vulnerable plant species for which no authorization is required;

(3)  prescribe management standards or conditions, as the case may be, applicable to activities contemplated in paragraphs 1 and 2;

(4)  prescribe the cases and manner in which a habitat of a threatened or vulnerable plant species must be indicated;

(5)  require as a condition precedent to the issue of an authorization, in such cases as it prescribes, that a person furnish security to enable the Minister of Sustainable Development, Environment and Parks to take or cause the taking of the required measures pursuant to the second paragraph of section 8 or to section 23, and fix the nature and amount of the security according to the class of person or habitat or to the kind of activity;

(6)  (paragraph repealed);

(6.1)  prescribe the manner in which an inspector of plant life may dispose of a thing seized that is perishable or likely to depreciate rapidly and, according to the category or species of the thing seized, determine the amount or the method to be used for determining the amount of the indemnity payable to the person entitled to it when the inspector has disposed of it;

(7)  prescribe any provision of the regulations the violation of which is an offence.

The activities or the management standards or conditions prescribed in subparagraphs 1, 2 and 3 of the first paragraph may vary according to the plant species, the kind of activity, the class of habitat of a plant species or its location, the time of year or environmental features.

1989, c. 37, s. 39; 1994, c. 17, s. 53; 1997, c. 11, s. 5; 1997, c. 80, s. 66; 1999, c. 36, s. 133; 2006, c. 3, s. 35.

1999-12-01

39. In addition to its regulation-making powers under section 10, the Government may, by regulation,

(1)  withdraw certain activities from the application of section 16 in respect of a threatened or vulnerable plant species designated by virtue of this Act;

(2)  determine activities that may alter the ecosystem, biological diversity and physical or chemical components of the habitat of a threatened or vulnerable plant species for which no authorization is required;

(3)  prescribe management standards or conditions, as the case may be, applicable to activities contemplated in paragraphs 1 and 2;

(4)  prescribe the cases and manner in which a habitat of a threatened or vulnerable plant species must be indicated;

(5)  require as a condition precedent to the issue of an authorization, in such cases as it prescribes, that a person furnish security to enable the Minister of the Environment to take or cause the taking of the required measures pursuant to the second paragraph of section 8 or to section 23, and fix the nature and amount of the security according to the class of person or habitat or to the kind of activity;

(6)  (paragraph repealed);

(6.1)  prescribe the manner in which an inspector of plant life may dispose of a thing seized that is perishable or likely to depreciate rapidly and, according to the category or species of the thing seized, determine the amount or the method to be used for determining the amount of the indemnity payable to the person entitled to it when the inspector has disposed of it;

(7)  prescribe any provision of the regulations the violation of which is an offence.

The activities or the management standards or conditions prescribed in subparagraphs 1, 2 and 3 of the first paragraph may vary according to the plant species, the kind of activity, the class of habitat of a plant species or its location, the time of year or environmental features.

1989, c. 37, s. 39; 1994, c. 17, s. 53; 1997, c. 11, s. 5; 1997, c. 80, s. 66; 1999, c. 36, s. 133.

1999-07-01

39. In addition to its regulation-making powers under section 10, the Government may, by regulation,

(1)  withdraw certain activities from the application of section 16 in respect of a threatened or vulnerable plant species designated by virtue of this Act;

(2)  determine activities that may alter the ecosystem, biological diversity and physical or chemical components of the habitat of a threatened or vulnerable plant species for which no authorization is required;

(3)  prescribe management standards or conditions, as the case may be, applicable to activities contemplated in paragraphs 1 and 2;

(4)  prescribe the cases and manner in which a habitat of a threatened or vulnerable plant species must be indicated;

(5)  require as a condition precedent to the issue of an authorization, in such cases as it prescribes, that a person furnish security to enable the Minister of the Environment and Wildlife to take or cause the taking of the required measures pursuant to the second paragraph of section 8 or to section 23, and fix the nature and amount of the security according to the class of person or habitat or to the kind of activity;

(6)  (paragraph repealed);

(6.1)  prescribe the manner in which an inspector of plant life may dispose of a thing seized that is perishable or likely to depreciate rapidly and, according to the category or species of the thing seized, determine the amount or the method to be used for determining the amount of the indemnity payable to the person entitled to it when the inspector has disposed of it;

(7)  prescribe any provision of the regulations the violation of which is an offence.

The activities or the management standards or conditions prescribed in subparagraphs 1, 2 and 3 of the first paragraph may vary according to the plant species, the kind of activity, the class of habitat of a plant species or its location, the time of year or environmental features.

1989, c. 37, s. 39; 1994, c. 17, s. 53; 1997, c. 11, s. 5; 1997, c. 80, s. 66.

1997-05-08

39. In addition to its regulation-making powers under section 10, the Government may, by regulation,

(1)  withdraw certain activities from the application of section 16 in respect of a threatened or vulnerable plant species designated by virtue of this Act;

(2)  determine activities that may alter the ecosystem, biological diversity and physical or chemical components of the habitat of a threatened or vulnerable plant species for which no authorization is required;

(3)  prescribe management standards or conditions, as the case may be, applicable to activities contemplated in paragraphs 1 and 2;

(4)  prescribe the cases and manner in which a habitat of a threatened or vulnerable plant species must be indicated;

(5)  require as a condition precedent to the issue of an authorization, in such cases as it prescribes, that a person furnish security to enable the Minister of the Environment and Wildlife to take or cause the taking of the required measures pursuant to the second paragraph of section 8 or to section 23, and fix the nature and amount of the security according to the class of person or habitat or to the kind of activity;

(6)  prescribe the manner of disposing of any seized thing that has been confiscated by virtue of this Act;

(6.1)  prescribe the manner in which an inspector of plant life may dispose of a thing seized that is perishable or likely to depreciate rapidly and, according to the category or species of the thing seized, determine the amount or the method to be used for determining the amount of the indemnity payable to the person entitled to it when the inspector has disposed of it;

(7)  prescribe any provision of the regulations the violation of which is an offence.

The activities or the management standards or conditions prescribed in subparagraphs 1, 2 and 3 of the first paragraph may vary according to the plant species, the kind of activity, the class of habitat of a plant species or its location, the time of year or environmental features.

1989, c. 37, s. 39; 1994, c. 17, s. 53; 1997, c. 11, s. 5.

1994-06-17

39. In addition to its regulation-making powers under section 10, the Government may, by regulation,

(1)  withdraw certain activities from the application of section 16 in respect of a threatened or vulnerable plant species designated by virtue of this Act;

(2)  determine activities that may alter the ecosystem, biological diversity and physical or chemical components of the habitat of a threatened or vulnerable plant species for which no authorization is required;

(3)  prescribe management standards or conditions, as the case may be, applicable to activities contemplated in paragraphs 1 and 2;

(4)  prescribe the cases and manner in which a habitat of a threatened or vulnerable plant species must be indicated;

(5)  require as a condition precedent to the issue of an authorization, in such cases as it prescribes, that a person furnish security to enable the Minister of the Environment and Wildlife to take or cause the taking of the required measures pursuant to the second paragraph of section 8 or to section 23, and fix the nature and amount of the security according to the class of person or habitat or to the kind of activity;

(6)  prescribe the manner of disposing of any seized thing that has been confiscated by virtue of this Act;

(7)  prescribe any provision of the regulations the violation of which is an offence.

The activities or the management standards or conditions prescribed in subparagraphs 1, 2 and 3 of the first paragraph may vary according to the plant species, the kind of activity, the class of habitat of a plant species or its location, the time of year or environmental features.

1989, c. 37, s. 39; 1994, c. 17, s. 53.

1989-06-22

39. In addition to its regulation-making powers under section 10, the Government may, by regulation,

(1)  withdraw certain activities from the application of section 16 in respect of a threatened or vulnerable plant species designated by virtue of this Act;

(2)  determine activities that may alter the ecosystem, biological diversity and physical or chemical components of the habitat of a threatened or vulnerable plant species for which no authorization is required;

(3)  prescribe management standards or conditions, as the case may be, applicable to activities contemplated in paragraphs 1 and 2;

(4)  prescribe the cases and manner in which a habitat of a threatened or vulnerable plant species must be indicated;

(5)  require as a condition precedent to the issue of an authorization, in such cases as it prescribes, that a person furnish security to enable the Minister of the Environment to take or cause the taking of the required measures pursuant to the second paragraph of section 8 or to section 23, and fix the nature and amount of the security according to the class of person or habitat or to the kind of activity;

(6)  prescribe the manner of disposing of any seized thing that has been confiscated by virtue of this Act;

(7)  prescribe any provision of the regulations the violation of which is an offence.

The activities or the management standards or conditions prescribed in subparagraphs 1, 2 and 3 of the first paragraph may vary according to the plant species, the kind of activity, the class of habitat of a plant species or its location, the time of year or environmental features.

1989, c. 37, s. 39.