46.0.2. For the purposes of this division, “wetlands and bodies of water” refers to natural or man-made sites characterized by the permanent or temporary presence of water, which may be diffused, occupy a bed or saturate the ground and whose state is stagnant or flowing. If the water is flowing, its flow may be constant or intermittent.
A wetland is also characterized by hydromorphic soils or vegetation dominated by hygrophilous plants.
Wetlands and bodies of water include(1) lakes and watercourses, including the St. Lawrence Estuary, the Gulf of St. Lawrence and the seas surrounding Québec;
(2) the shores, banks and littoral zones of a lake or watercourse, as defined by government regulation;
(2.1) the flood zones of a lake or watercourse and channel migration zones of a watercourse established in accordance with this division and whose boundaries are disseminated by the Government or, where such boundaries have not been established, as defined by government regulation; and
(3) marshes, swamps, ponds and peatlands.
Ditches along public or private roads, common ditches and drainage ditches, as defined in subparagraphs 2 to 4 of the first paragraph of section 103 of the Municipal Powers Act (chapter C-47.1), do not constitute wetlands or bodies of water.
2017, c. 142017, c. 14, s. 311; 2021, c. 72021, c. 7, s. 871; I.N. 2024-04-01.