Q-2, r. 0.1 - Regulation respecting activities in wetlands, bodies of water and sensitive areas

Section 4 Disposition versions

2023-02-13

4. In this Regulation, unless the context indicates a different meaning,

“alvar” means an open natural environment, either flat or slightly inclined, sometimes covered by a thin layer of soil, characterized by limestone or dolomite outcrops, as well as sparse vegetation composed mainly of shrubs, herbaceous plants and moss capable of withstanding extreme humidity and drought;

“body of water” means an area meeting the criteria set out in section 46.0.2 of the Act and characterized in particular by the permanent or temporary presence of water, which may occupy a bed and may be stagnant or in movement, such as a lake or watercourse, and including their lakeshores and riverbanks, littoral zone and flood zones; (milieu hydrique)

“boundary” means a line marking the limit of a wetland and corresponding to the point at which the soil ceases to be hydromorphic and the vegetation ceases to be dominated by hygrophilous species, in relation to the area where at least one of those conditions does apply; (bordure)

“boundary of the littoral zone” means the boundary separating the littoral zone from the lakeshore or riverbank using the methods set out in Schedule I; (limite du littoral)

“flooded land” means the area flooded during the spring floods of 2017 or 2019, lying within the perimeter delimited in accordance with subparagraph 6 of the second paragraph of section 2 of the Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks (chapter Q-2, r. 32.2), and, where applicable, lying outside the boundaries of the low-velocity and high-velocity zones identified using one of the means set out in subparagraphs 1 to 3 of the second paragraph of section 2 of that Regulation; (territoire inondé)

“flood zone” means an area that is likely to be occupied by the water of a lake or watercourse during flood periods, the boundaries of which are established in accordance with sections 46.0.2.1 to 46.0.2.3 of the Act or, when the boundaries have not been established, is identified by one of the means listed in the second paragraph of section 2 of the Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks; (zone inondable);

“forest cover” means the aggregate of the crowns of trees in a forest stand forming a more or less continuous canopy; (couvert forestier)

“forested peatland” means a peatland comprising trees more than 4 m tall covering at least 25% of its surface area; (tourbière boisée)

“forested swamp” means a swamp comprising trees more than 4 m tall covering at least 25% of its surface area; (marécage arborescent)

“forested wetland” means a forested peatland or a forested swamp; (milieu humide boisé)

“forest development activity” means an activity covered by paragraph 1 of section 4 of the Sustainable Forest Development Act (chapter A-18.1) carried out elsewhere than in the lands of the domain of the State and aimed specifically at the development and conservation of forest lands; (activité d’aménagement forestier)

“high-velocity flood zone” means the part of the flood zone associated with a 20 year flood recurrence; a flood zone in which high-velocity and low-velocity zones are not identified is deemed to be a high-velocity flood zone and an ice jam flood zone without distinguishing the zones with ice movement from the zones without ice movement; (zone inondable de grand courant)

“ice jam flood zone with ice movement” means an area that, because of the accumulation of ice or debris in a section of a lake or watercourse during flood periods, may be occupied by water because of the impoundment of water upstream of the lake or watercourse, with ice movement, and that is identified as such on a map referred to in subparagraph 3 of the second paragraph of section 2 of the Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks; the zone is deemed to be a high-velocity flood zone; (zone d’inondation par embâcle avec mouvement de glaces);

“ice jam flood zone without ice movement” means an area that, because of the accumulation of ice or debris in a section of a lake or watercourse during flood periods, may be occupied by water because of the impoundment of water upstream of the lake or watercourse, without ice movement, and that is identified as such on a map referred to in subparagraph 3 the second paragraph of section 2 of the Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks; the zone is deemed to be a low-velocity flood zone; (zone d’inondation par embâcle sans mouvement de glaces);

“lakeshore” and “riverbank” mean the strip of land bordering a lake or watercourse and having the following width, measured inland and horizontally from the boundary of the littoral zone:

(1)  10 m where the slope is less than 30% or, if the slope is greater than 30%, having a bank no higher than 5 m;

(2)  15 m where the slope is greater than 30% and is continuous or has a bank higher than 5 m; (rive)

“littoral zone” means the part of a lake or watercourse that extends from the boundary separating the littoral zone from the lakeshore or riverbank towards the centre of the body of water; (littoral)

“low-velocity flood zone” means the part of the flood zone, beyond the boundaries of the high-velocity zone, that is associated with a 100 year flood recurrence; flooded land is deemed to be such a zone; (zone inondable de faible courant);

“marsh” means an area of land that is permanently or temporarily flooded and is dominated by herbaceous vegetation growing on a mineral or organic soil; where shrubs and trees are present, they cover less than 25% of its surface area; (marais)

“open wetland” means any wetland that is not forested; (milieu humide ouvert)

“open peatland” means a peatland comprising trees more than 4 m tall covering less than 25% of its surface area; (tourbière ouverte)

“peatland” means an area of land covered with peat and resulting from the accumulation of partially decomposed organic matter in a layer at least 30 cm thick, in which the water table is usually at the same level as the soil or close to its surface; (tourbière)

“pond” means an area of land covered by water whose depth at low water is less than 2 m; if vegetation is present, it comprises floating or submerged plants and emergent plants covering less than 25% of its surface area; despite the foregoing, this definition does not apply to a commercial fishing pond or an aquatic organism breeding pond; (étang)

“public body” means a body to which the Government or a minister appoints the majority of the members, to which, by law, the personnel is appointed in accordance with the Public Service Act (chapter F‐3.1.1), or at least half of whose capital stock is derived from the Consolidated Revenue Fund; (organisme public);

“public institution” means an institution covered by the definition in section 3 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1), with the exception of a tourist establishment; (établissement public)

“public security establishment” means an ambulance garage, a 9-1-1 emergency centre or a secondary emergency call centre governed by the Civil Protection Act (chapter S-2.3) or any other establishment used in whole or in part to provide a public security service, including a police service or fire safety service; (établissement de sécurité publique)

“rut” means a track on the surface of the ground measuring at least 4 m in length and created by the wheels or crawlers of a motorized or non-motorized machine; on organic soil, a rut is considered to be the torn plant cover; on mineral soil, a rut has a depth of more than 200 mm measured from the litter surface; (ornière)

“shrubby swamp” means any swamp that is not a forested swamp; (marécage arbustif)

“St. Lawrence lowlands” means the municipalities a part of whose territory is included in that natural province; (basses-terres du Saint-Laurent)

“swamp” means an area of land subject to seasonal flooding or characterized by a soil permanently or temporarily saturated with water and containing ligneous, shrubby or arborescent vegetation growing on a mineral soil covering more than 25% of its surface area; (marécage)

“sylvicultural prescription” means a document prepared and signed by a forest engineer; (prescription sylvicole)

“watercourse” means any mass of water running along a bed in a regular or intermittent flow, including a bed created or altered by human intervention, the St. Lawrence River, the estuary of the St. Lawrence River, the Gulf of St. Lawrence and all the seas surrounding Québec, excluding a ditch; (cours d’eau)

“wetland” means an area that meets the criteria prescribed in section 46.0.2 of the Act, characterized in particular by hydromorphic soils or vegetation dominated by hygrophilous species, such as a pond, marsh, swamp or peatland. (milieu humide)

When a municipality passes a by-law delimiting a lakeshore or riverbank with a width exceeding the widths set out in paragraphs 1 and 2 of the definition of “lakeshore” and “riverbank”, the municipality may apply the former width.

O.C. 871-2020, s. 4; O.C. 1596-2021, s. 24; O.C. 1461-2022, s. 3.

2022-03-01

4. In this Regulation, unless the context indicates a different meaning,

“body of water” means an area meeting the criteria set out in section 46.0.2 of the Act and characterized in particular by the permanent or temporary presence of water, which may occupy a bed and may be stagnant or in movement, such as a lake or watercourse, and including their lakeshores and riverbanks, littoral zone and flood zones; (milieu hydrique)

“boundary” means a line marking the limit of a wetland and corresponding to the point at which the soil ceases to be hydromorphic and the vegetation ceases to be dominated by hygrophilous species, in relation to the area where at least one of those conditions does apply; (bordure)

“boundary of the littoral zone” means the boundary separating the littoral zone from the lakeshore or riverbank using the methods set out in Schedule I; (limite du littoral)

“flooded land” means the area flooded during the spring floods of 2017 or 2019, lying within the perimeter delimited in accordance with subparagraph 6 of the second paragraph of section 2 of the Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks (chapter Q-2, r. 32.2), and, where applicable, lying outside the boundaries of the low-velocity and high-velocity zones identified using one of the means set out in subparagraphs 1 to 3 of the second paragraph of section 2 of that Regulation; (territoire inondé)

“flood zone” means an area that is likely to be occupied by the water of a lake or watercourse during flood periods, the boundaries of which are established in accordance with sections 46.0.2.1 to 46.0.2.3 of the Act or, when the boundaries have not been established, is identified by one of the means listed in the second paragraph of section 2 of the Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks; (zone inondable);

“forest cover” means the aggregate of the crowns of trees in a forest stand forming a more or less continuous canopy; (couvert forestier)

“forested peatland” means a peatland comprising trees more than 4 m tall covering at least 25% of its surface area; (tourbière boisée)

“forested swamp” means a swamp comprising trees more than 4 m tall covering at least 25% of its surface area; (marécage arborescent)

“forested wetland” means a forested peatland or a forested swamp; (milieu humide boisé)

“forest development activity” means an activity covered by paragraph 1 of section 4 of the Sustainable Forest Development Act (chapter A-18.1) carried out elsewhere than in the lands of the domain of the State and aimed specifically at the development and conservation of forest lands; (activité d’aménagement forestier)

“high-velocity flood zone” means the part of the flood zone associated with a 20 year flood recurrence; a flood zone in which high-velocity and low-velocity zones are not identified is deemed to be a high-velocity flood zone; (zone inondable de grand courant);

“ice jam flood zone with ice movement” means an area that, because of the accumulation of ice or debris in a section of a lake or watercourse during flood periods, may be occupied by water because of the impoundment of water upstream of the lake or watercourse, with ice movement, and that is identified as such on a map referred to in subparagraph 3 of the second paragraph of section 2 of the Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks; the zone is deemed to be a high-velocity flood zone; (zone d’inondation par embâcle avec mouvement de glaces);

“ice jam flood zone without ice movement” means an area that, because of the accumulation of ice or debris in a section of a lake or watercourse during flood periods, may be occupied by water because of the impoundment of water upstream of the lake or watercourse, without ice movement, and that is identified as such on a map referred to in subparagraph 3 the second paragraph of section 2 of the Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks; the zone is deemed to be a low-velocity flood zone; (zone d’inondation par embâcle sans mouvement de glaces);

“lakeshore” and “riverbank” mean the strip of land bordering a lake or watercourse and having the following width, measured inland and horizontally from the boundary of the littoral zone:

(1)  10 m where the slope is less than 30% or, if the slope is greater than 30%, having a bank no higher than 5 m;

(2)  15 m where the slope is greater than 30% and is continuous or has a bank higher than 5 m; (rive)

“littoral zone” means the part of a lake or watercourse that extends from the boundary separating the littoral zone from the lakeshore or riverbank towards the centre of the body of water; (littoral)

“low-velocity flood zone” means the part of the flood zone, beyond the boundaries of the high-velocity zone, that is associated with a 100 year flood recurrence; flooded land is deemed to be such a zone; (zone inondable de faible courant);

“marsh” means an area of land that is permanently or temporarily flooded and is dominated by herbaceous vegetation growing on a mineral or organic soil; where shrubs and trees are present, they cover less than 25% of its surface area; (marais)

“open wetland” means any wetland that is not forested; (milieu humide ouvert)

“open peatland” means a peatland comprising trees more than 4 m tall covering less than 25% of its surface area; (tourbière ouverte)

“peatland” means an area of land covered with peat and resulting from the accumulation of partially decomposed organic matter in a layer at least 30 cm thick, in which the water table is usually at the same level as the soil or close to its surface; (tourbière)

“pond” means an area of land covered by water whose depth at low water is less than 2 m; if vegetation is present, it comprises floating or submerged plants and emergent plants covering less than 25% of its surface area; despite the foregoing, this definition does not apply to a commercial fishing pond or an aquatic organism breeding pond; (étang)

“public body” means a body to which the Government or a minister appoints the majority of the members, to which, by law, the personnel is appointed in accordance with the Public Service Act (chapter F‐3.1.1), or at least half of whose capital stock is derived from the Consolidated Revenue Fund; (organisme public);

“public institution” means an institution covered by the definition in section 3 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1), with the exception of a tourist establishment; (établissement public)

“public security establishment” means an ambulance garage, a 9-1-1 emergency centre or a secondary emergency call centre governed by the Civil Protection Act (chapter S-2.3) or any other establishment used in whole or in part to provide a public security service, including a police service or fire safety service; (établissement de sécurité publique)

“rut” means a track on the surface of the ground measuring at least 4 m in length and created by the wheels or crawlers of a motorized or non-motorized machine; on organic soil, a rut is considered to be the torn plant cover; on mineral soil, a rut has a depth of more than 200 mm measured from the litter surface; (ornière)

“shrubby swamp” means any swamp that is not a forested swamp; (marécage arbustif)

“St. Lawrence lowlands” means the municipalities a part of whose territory is included in that natural province; (basses-terres du Saint-Laurent)

“swamp” means an area of land subject to seasonal flooding or characterized by a soil permanently or temporarily saturated with water and containing ligneous, shrubby or arborescent vegetation growing on a mineral soil covering more than 25% of its surface area; (marécage)

“sylvicultural prescription” means a document prepared and signed by a forest engineer; (prescription sylvicole)

“watercourse” means any mass of water running along a bed in a regular or intermittent flow, including a bed created or altered by human intervention, the St. Lawrence River, the estuary of the St. Lawrence River, the Gulf of St. Lawrence and all the seas surrounding Québec, excluding a ditch; (cours d’eau)

“wetland” means an area that meets the criteria prescribed in section 46.0.2 of the Act, characterized in particular by hydromorphic soils or vegetation dominated by hygrophilous species, such as a pond, marsh, swamp or peatland. (milieu humide)

When a municipality passes a by-law delimiting a lakeshore or riverbank with a width exceeding the widths set out in paragraphs 1 and 2 of the definition of “lakeshore” and “riverbank”, the municipality may apply the former width.

O.C. 871-2020, s. 4; O.C. 1596-2021, s. 24.

2020-12-31

4. In this Regulation, unless the context indicates a different meaning,

“body of water” means an area characterized in particular by the permanent or temporary presence of water, which may occupy a bed and may be stagnant or in movement, such as a lake or watercourse, and including their lakeshores and riverbanks, littoral zone and floodplains; (milieu hydrique)

“boundary” means a line marking the limit of a wetland and corresponding to the point at which the soil ceases to be hydromorphic and the vegetation ceases to be dominated by hygrophilous species, in relation to the area where at least one of those conditions does apply; (bordure)

“floodplain” means the area occupied by a lake or watercourse during periods of flooding; the geographic limits of the flooded areas are identified by one of the means prescribed by the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains; (plaine inondable)

“forest cover” means the aggregate of the crowns of trees in a forest stand forming a more or less continuous canopy; (couvert forestier)

“forested peatland” means a peatland comprising trees more than 4 m tall covering at least 25% of its surface area; (tourbière boisée)

“forested swamp” means a swamp comprising trees more than 4 m tall covering at least 25% of its surface area; (marécage arborescent)

“forested wetland” means a forested peatland or a forested swamp; (milieu humide boisé)

“forest development activity” means an activity covered by paragraph 1 of section 4 of the Sustainable Forest Development Act (chapter A-18.1) carried out elsewhere than in the lands of the domain of the State and aimed specifically at the development and conservation of forest lands; (activité d’aménagement forestier)

“high-water mark” means a line marking the limit of the littoral zone and lakeshore or riverbank based on the criteria prescribed by the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35); (ligne des hautes eaux)

“lakeshore” and “riverbank” mean the strip of land bordering a lake, watercourse, estuary or sea, extending inland from the high-water mark and having a width of

(1)  10 m where the slope is less than 30% or, if the slope is greater than 30%, having a bank no higher than 5 m;

(2)  15 m where the slope is greater than 30% and is continuous or has a bank higher than 5 m; (rive)

“littoral zone” means the part of a lake, watercourse, estuary or sea that extends from the high-water mark to the centre of the body of water; (littoral)

“marsh” means an area of land that is permanently or temporarily flooded and is dominated by herbaceous vegetation growing on a mineral or organic soil; where shrubs and trees are present, they cover less than 25% of its surface area; (marais)

“open wetland” means any wetland that is not forested; (milieu humide ouvert)

“open peatland” means a peatland comprising trees more than 4 m tall covering less than 25% of its surface area; (tourbière ouverte)

“peatland” means an area of land covered with peat and resulting from the accumulation of partially decomposed organic matter in a layer at least 30 cm thick, in which the water table is usually at the same level as the soil or close to its surface; (tourbière)

“pond” means an area of land covered by water whose depth at low water is less than 2 m; if vegetation is present, it comprises floating or submerged plants and emergent plants covering less than 25% of its surface area; despite the foregoing, this definition does not apply to a commercial fishing pond or an aquatic organism breeding pond; (étang)

“rut” means a track on the surface of the ground measuring at least 4 m in length and created by the wheels or crawlers of a motorized or non-motorized machine; on organic soil, a rut is considered to be the torn plant cover; on mineral soil, a rut has a depth of more than 200 mm measured from the litter surface; (ornière)

“shrubby swamp” means any swamp that is not a forested swamp; (marécage arbustif)

“St. Lawrence lowlands” means the municipalities a part of whose territory is included in that natural province; (basses-terres du Saint-Laurent)

“swamp” means an area of land subject to seasonal flooding or characterized by a soil permanently or temporarily saturated with water and containing ligneous, shrubby or arborescent vegetation growing on a mineral soil covering more than 25% of its surface area; (marécage)

“sylvicultural prescription” means a document prepared and signed by a forest engineer; (prescription sylvicole)

“watercourse” means any mass of water running along a bed in a regular or intermittent flow, including a bed created or altered by human intervention, the St. Lawrence River, the estuary of the St. Lawrence River, the Gulf of St. Lawrence and all the seas surrounding Québec, excluding a ditch; (cours d’eau)

“wetland” means an area that meets the criteria prescribed in section 46.0.2 of the Act, characterized in particular by hydromorphic soils or vegetation dominated by hygrophilous species, such as a pond, marsh, swamp or peatland. (milieu humide)

O.C. 871-2020, s. 4.

Not in force

In force: 2020-12-31

4. In this Regulation, unless the context indicates a different meaning,

“body of water” means an area characterized in particular by the permanent or temporary presence of water, which may occupy a bed and may be stagnant or in movement, such as a lake or watercourse, and including their lakeshores and riverbanks, littoral zone and floodplains; (milieu hydrique)

“boundary” means a line marking the limit of a wetland and corresponding to the point at which the soil ceases to be hydromorphic and the vegetation ceases to be dominated by hygrophilous species, in relation to the area where at least one of those conditions does apply; (bordure)

“floodplain” means the area occupied by a lake or watercourse during periods of flooding; the geographic limits of the flooded areas are identified by one of the means prescribed by the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains; (plaine inondable)

“forest cover” means the aggregate of the crowns of trees in a forest stand forming a more or less continuous canopy; (couvert forestier)

“forested peatland” means a peatland comprising trees more than 4 m tall covering at least 25% of its surface area; (tourbière boisée)

“forested swamp” means a swamp comprising trees more than 4 m tall covering at least 25% of its surface area; (marécage arborescent)

“forested wetland” means a forested peatland or a forested swamp; (milieu humide boisé)

“forest development activity” means an activity covered by paragraph 1 of section 4 of the Sustainable Forest Development Act (chapter A-18.1) carried out elsewhere than in the lands of the domain of the State and aimed specifically at the development and conservation of forest lands; (activité d’aménagement forestier)

“high-water mark” means a line marking the limit of the littoral zone and lakeshore or riverbank based on the criteria prescribed by the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35); (ligne des hautes eaux)

“lakeshore” and “riverbank” mean the strip of land bordering a lake, watercourse, estuary or sea, extending inland from the high-water mark and having a width of

(1)  10 m where the slope is less than 30% or, if the slope is greater than 30%, having a bank no higher than 5 m;

(2)  15 m where the slope is greater than 30% and is continuous or has a bank higher than 5 m; (rive)

“littoral zone” means the part of a lake, watercourse, estuary or sea that extends from the high-water mark to the centre of the body of water; (littoral)

“marsh” means an area of land that is permanently or temporarily flooded and is dominated by herbaceous vegetation growing on a mineral or organic soil; where shrubs and trees are present, they cover less than 25% of its surface area; (marais)

“open wetland” means any wetland that is not forested; (milieu humide ouvert)

“open peatland” means a peatland comprising trees more than 4 m tall covering less than 25% of its surface area; (tourbière ouverte)

“peatland” means an area of land covered with peat and resulting from the accumulation of partially decomposed organic matter in a layer at least 30 cm thick, in which the water table is usually at the same level as the soil or close to its surface; (tourbière)

“pond” means an area of land covered by water whose depth at low water is less than 2 m; if vegetation is present, it comprises floating or submerged plants and emergent plants covering less than 25% of its surface area; despite the foregoing, this definition does not apply to a commercial fishing pond or an aquatic organism breeding pond; (étang)

“rut” means a track on the surface of the ground measuring at least 4 m in length and created by the wheels or crawlers of a motorized or non-motorized machine; on organic soil, a rut is considered to be the torn plant cover; on mineral soil, a rut has a depth of more than 200 mm measured from the litter surface; (ornière)

“shrubby swamp” means any swamp that is not a forested swamp; (marécage arbustif)

“St. Lawrence lowlands” means the municipalities a part of whose territory is included in that natural province; (basses-terres du Saint-Laurent)

“swamp” means an area of land subject to seasonal flooding or characterized by a soil permanently or temporarily saturated with water and containing ligneous, shrubby or arborescent vegetation growing on a mineral soil covering more than 25% of its surface area; (marécage)

“sylvicultural prescription” means a document prepared and signed by a forest engineer; (prescription sylvicole)

“watercourse” means any mass of water running along a bed in a regular or intermittent flow, including a bed created or altered by human intervention, the St. Lawrence River, the estuary of the St. Lawrence River, the Gulf of St. Lawrence and all the seas surrounding Québec, excluding a ditch; (cours d’eau)

“wetland” means an area that meets the criteria prescribed in section 46.0.2 of the Act, characterized in particular by hydromorphic soils or vegetation dominated by hygrophilous species, such as a pond, marsh, swamp or peatland. (milieu humide)

O.C. 871-2020, s. 4.