D-13.1 - Act respecting hunting and fishing rights in the James Bay and New Québec territories

Section 21 Disposition versions

2002-12-19

21. The right to harvest may be exercised over all the Territory, where this activity is physically possible and does not conflict with other physical activity or public safety.

The expression “conflict with other physical activity” applies to actual physical conflict of physical interference but does not include conflicts or interference of any other nature. Without limiting the generality of the foregoing and notwithstanding the Natural Heritage Conservation Act (chapter C‐61.01) and the Parks Act (chapter P‐9), the creation or existence of parks, areas described by any Act or regulation, wilderness areas or ecological reserves and the grant or existence of concessions or rights with respect to forestry or mining are not in themselves considered physical activities conflicting with the exercise of the right to harvest and the Native people continue to have that right in such areas.

Restrictions on the right to harvest that the Government may impose by regulation for reasons of public safety apply to the discharge of firearms, to the setting of large traps or nets in certain areas, and to other dangerous activities having due regard for others lawfully in the vicinity. Any such restriction does not in itself preclude any other activity relating to the exercise of the right to harvest.

Any measure to limit access to a specific given area for reasons other than those specifically provided for in this Act does not in itself exclude that area from the areas where the right to harvest may be exercised.

1978, c. 92, s. 21; 1993, c. 32, s. 22; 2002, c. 74, s. 80.

1993-07-15

21. The right to harvest may be exercised over all the Territory, where this activity is physically possible and does not conflict with other physical activity or public safety.

The expression “conflict with other physical activity” applies to actual physical conflict of physical interference but does not include conflicts or interference of any other nature. Without limiting the generality of the foregoing and notwithstanding the Ecological Reserves Act (chapter R-26.1) and the Parks Act (chapter P-9), the creation or existence of parks, areas described by any act or regulation, wilderness areas or ecological reserves and the grant or existence of concessions or rights with respect to forestry or mining are not in themselves considered physical activities conflicting with the exercise of the right to harvest and the Native people continue to have that right in such areas.

Restrictions on the right to harvest that the Government may impose by regulation for reasons of public safety apply to the discharge of firearms, to the setting of large traps or nets in certain areas, and to other dangerous activities having due regard for others lawfully in the vicinity. Any such restriction does not in itself preclude any other activity relating to the exercise of the right to harvest.

Any measure to limit access to a specific given area for reasons other than those specifically provided for in this act does not in itself exclude that area from the areas where the right to harvest may be exercised.

1978, c. 92, s. 21; 1993, c. 32, s. 22.

1979-02-14

21. The right to harvest may be exercised over all the Territory, where this activity is physically possible and does not conflict with other physical activity or public safety.

The expression “conflict with other physical activity” applies to actual physical conflict of physical interference but does not include conflicts or interference of any other nature. Without limiting the generality of the foregoing and notwithstanding the Act respecting ecological reserves (chapter R-26) and the Parks Act (chapter P-9), the creation or existence of parks, areas described by any act or regulation, wilderness areas or ecological reserves and the grant or existence of concessions or rights with respect to forestry or mining are not in themselves considered physical activities conflicting with the exercise of the right to harvest and the Native people continue to have that right in such areas.

Restrictions on the right to harvest that the Government may impose by regulation for reasons of public safety apply to the discharge of firearms, to the setting of large traps or nets in certain areas, and to other dangerous activities having due regard for others lawfully in the vicinity. Any such restriction does not in itself preclude any other activity relating to the exercise of the right to harvest.

Any measure to limit access to a specific given area for reasons other than those specifically provided for in this act does not in itself exclude that area from the areas where the right to harvest may be exercised.

1978, c. 92, s. 21.