103. A regional county municipality has jurisdiction over continuously or intermittently flowing watercourses, including those artificially created or modified, except
(1) watercourses or parts of watercourses that the Government determines, after consultation with the Minister of Sustainable Development, Environment and Parks, by an order in council that comes into force on the date of its publication in the Gazette officielle du Québec or any later date specified in the order;
(2) a ditch along a public or private road;
(3) a common ditch within the meaning of article 1002 of the Civil Code; and
(4) a drainage ditch
(a) used solely for drainage or irrigation;
(b) that was artificially created; and
(c) the watershed of which has an area of less than 100 hectares.
The part of a watercourse used as a ditch remains under the jurisdiction of the regional county municipality.
2005, c. 6, s. 103; 2006, c. 31, s. 121.