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

Section 5 Disposition versions

2023-02-13

5. Unless otherwise provided for, for the purposes of this Regulation,

(1)  a reference to a littoral zone, riverbank or lakeshore includes any wetlands present;

(2)  a reference to body of water includes any wetlands present in the littoral zone or on the riverbank or lakeshore, excluding any wetlands present in a flood zone;

(3)  a reference to a flood zone excludes the littoral zone, riverbanks and lakeshores, and any wetlands present;

(4)  a reference to a pond, marsh, swamp, peat bog or wetland in general is a reference to the environment concerned if it is not situated in the littoral zone or on a riverbank or lakeshore;

(5)  a reference to an area or length is a reference to the cumulative area or length for the type of environment affected by the activity;

(6)  a distance is calculated horizontally

(a)  from the boundary of the littoral zone, for a watercourse or lake;

(b)  from the boundary, for a wetland;

(c)  from the top of the bank, for a ditch;

(7)  the construction of an infrastructure, works, building or equipment includes its siting, replacement, reconstruction, substantial modification, relocation and dismantling, and any prior activity to clear trees;

(8)  the maintenance of an infrastructure, works, building or equipment includes its inspection, refurbishment and repair; it is carried on in the immediate vicinity of the infrastructure, works, building or equipment and includes the necessary vegetation control;

(9)  a substantial modification includes a change to the structural or functional characteristics of an infrastructure, work, building or equipment; it also includes an enlargement, extension or prolongation;

(10)  a stabilization works is a works to increase the mechanical resistance of the soil or an infrastructure and protect it against erosion and landslides, excluding the approaches and protection works for bridges and culverts which form an integral part of those structures, and retaining walls;

(11)  a road is an infrastructure the right of way of which includes a roadway, shoulders and, where applicable, ditches and turning circles, but excludes a temporary road and a winter road as well as a stabilization works, a railway, a bridge, a culvert or any other works to cross a watercourse; subject to the exceptions mentioned above, the following are considered to be roads:

(a)  a road laid out by the minister responsible for the Act respecting roads (chapter V-9);

(b)  a trail that is not laid out as part of a forest development activity or any work allowing traffic, such as cycle paths, which do not include accesses to the littoral zone of a lake or watercourse that may be attached thereto, or structures that may be constructed in the accesses;

(12)  a temporary road is a road put in place for a maximum period of 3 years and which is dismantled after use;

(12.1)  necessary access to a main residential building or accessory building does not include a road;

(13)  a silvicultural treatment is a forest development activity that is intended, as part of a specific silvicultural regime and scenario, to direct the development of a stand, in particular as regards its renewal, or to improve its yield and quality;

(14)  the diameter of a tree is measured at a height of 1.3 m from the highest ground level;

(15)  the terms “invasive exotic plant species”, “ditch” and “public road” have the meaning assigned in the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1);

(16)  the flood-proofing of an infrastructure, work or building involves applying various measures to protect against flood damage;

(17)  a building is considered to be a main residential building where it includes at least a residential part;

(18)  a mains or any other equipment serving a building connected to a waterworks system, sewer system or storm water management system and that is situated within the property line of the building is considered as being part of the building;

(19)  the term “underground linear public utility infrastructures” includes the following infrastructures:

(a)  a natural gas supply or distribution pipeline;

(b)  a power or telecommunications transmission and distribution line.

O.C. 871-2020, s. 5; O.C. 1596-2021, s. 25; O.C. 1461-2022, s. 4.

2022-03-01

5. Unless otherwise provided for, for the purposes of this Regulation,

(1)  a reference to a littoral zone, riverbank or lakeshore includes any wetlands present;

(2)  a reference to body of water includes any wetlands present in the littoral zone or on the riverbank or lakeshore, excluding any wetlands present in a flood zone;

(3)  a reference to a flood zone excludes the littoral zone, riverbanks and lakeshores, and any wetlands present;

(4)  a reference to a pond, marsh, swamp, peat bog or wetland in general is a reference to the environment concerned if it is not situated in the littoral zone or on a riverbank or lakeshore;

(5)  a reference to an area or length is a reference to the cumulative area or length for the type of environment affected by the activity;

(6)  a distance is calculated horizontally

(a)  from the boundary of the littoral zone, for a watercourse or lake;

(b)  from the boundary, for a wetland;

(c)  from the top of the bank, for a ditch;

(7)  the construction of an infrastructure, works, building or equipment includes its siting, replacement, reconstruction, substantial modification, relocation and dismantling, and any prior activity to clear trees;

(8)  the maintenance of an infrastructure, works, building or equipment includes its inspection, refurbishment and repair; it is carried on in the immediate vicinity of the infrastructure, works, building or equipment and includes the necessary vegetation control;

(9)  a substantial modification includes a change to the structural or functional characteristics of an infrastructure, work, building or equipment; it also includes an enlargement, extension or prolongation;

(10)  a stabilization works is a works to increase the mechanical resistance of the soil or an infrastructure and protect it against erosion and landslides, excluding the approaches and protection works for bridges and culverts which form an integral part of those structures, and retaining walls;

(11)  a road is an infrastructure the right of way of which includes a roadway, shoulders and, where applicable, ditches and turning circles, but excludes a stabilization works, a railway, a bridge, a culvert, a temporary road or winter road; a road laid out by the minister responsible for the Act respecting roads (chapter V-9) is deemed to be a road and includes any related infrastructures for road traffic such as cycle paths and footbridges;

(12)  a temporary road is a road put in place for a maximum period of 3 years and which is dismantled after use;

(12.1)  necessary access to a main residential building or accessory building does not include a road;

(13)  a silvicultural treatment is a forest development activity that is intended, as part of a specific silvicultural regime and scenario, to direct the development of a stand, in particular as regards its renewal, or to improve its yield and quality;

(14)  the diameter of a tree is measured at a height of 1.3 m from the highest ground level;

(15)  the terms “invasive exotic plant species”, “ditch” and “public road” have the meaning assigned in the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1);

(16)  the flood-proofing of an infrastructure, work or building involves applying various measures to protect against flood damage;

(17)  a building is considered to be a main residential building where it includes at least a residential part;

(18)  a mains or any other equipment serving a building connected to a waterworks system, sewer system or storm water management system and that is situated within the property line of the building is considered as being part of the building;

(19)  the term “underground linear public utility infrastructures” includes the following infrastructures:

(a)  a natural gas supply or distribution pipeline;

(b)  a power or telecommunications transmission and distribution line.

O.C. 871-2020, s. 5; O.C. 1596-2021, s. 25.

2020-12-31

5. Unless otherwise provided for, for the purposes of this Regulation,

(1)  a reference to a littoral zone, riverbank or lakeshore includes any wetlands present;

(2)  a reference to body of water includes any wetlands present in the littoral zone or on the riverbank or lakeshore, excluding any wetlands present in a floodplain;

(3)  a reference to a floodplain excludes the littoral zone, riverbanks and lakeshores, and any wetlands present;

(4)  a reference to a pond, marsh, swamp, peat bog or wetland in general is a reference to the environment concerned if it is not situated in the littoral zone or on a riverbank or lakeshore;

(5)  a reference to an area is a reference to the cumulative area for the environment for the activity;

(6)  distances in relation to a watercourse or lake are calculated from the high-water mark; distances in relation to a wetland are calculated from its boundary;

(7)  the construction of an infrastructure, works, building or equipment includes its siting, replacement, substantial modification, and dismantling, and any prior activity to clear trees;

(8)  the maintenance of an infrastructure, works, building or equipment includes its inspection, refurbishment and repair; it is carried on in the immediate vicinity of the infrastructure, works, building or equipment and includes the necessary vegetation control;

(9)  a substantial modification includes a refurbishment or repair of the infrastructure, works building or equipment; it includes an enlargement, extension or prolongation;

(10)  a stabilization works is a works to increase the mechanical resistance of the soil or an infrastructure and protect it against erosion and landslides, excluding the approaches and protection works for bridges and culverts which form an integral part of those structures, and retaining walls;

(11)  a road is an infrastructure the right of way of which includes a roadway, shoulders and, where applicable, ditches and turning circles, but excludes a stabilization works, a railway, a bridge, a culvert, a temporary road or winter road; a road laid out by the minister responsible for the Act respecting roads (chapter V-9) is deemed to be a road and includes any related infrastructures for road traffic such as cycle paths and footbridges;

(12)  a temporary road is a road put in place for a maximum period of 3 years and which is dismantled after use;

(13)  a silvicultural treatment is a forest development activity that is intended, as part of a specific silvicultural regime and scenario, to direct the development of a stand, in particular as regards its renewal, or to improve its yield and quality;

(14)  the diameter of a tree is measured at a height of 1.3 m from the highest ground level;

(15)  the terms “invasive exotic plant species” and “ditch” defined 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) apply.

O.C. 871-2020, s. 5.

Not in force

In force: 2020-12-31

5. Unless otherwise provided for, for the purposes of this Regulation,

(1)  a reference to a littoral zone, riverbank or lakeshore includes any wetlands present;

(2)  a reference to body of water includes any wetlands present in the littoral zone or on the riverbank or lakeshore, excluding any wetlands present in a floodplain;

(3)  a reference to a floodplain excludes the littoral zone, riverbanks and lakeshores, and any wetlands present;

(4)  a reference to a pond, marsh, swamp, peat bog or wetland in general is a reference to the environment concerned if it is not situated in the littoral zone or on a riverbank or lakeshore;

(5)  a reference to an area is a reference to the cumulative area for the environment for the activity;

(6)  distances in relation to a watercourse or lake are calculated from the high-water mark; distances in relation to a wetland are calculated from its boundary;

(7)  the construction of an infrastructure, works, building or equipment includes its siting, replacement, substantial modification, and dismantling, and any prior activity to clear trees;

(8)  the maintenance of an infrastructure, works, building or equipment includes its inspection, refurbishment and repair; it is carried on in the immediate vicinity of the infrastructure, works, building or equipment and includes the necessary vegetation control;

(9)  a substantial modification includes a refurbishment or repair of the infrastructure, works building or equipment; it includes an enlargement, extension or prolongation;

(10)  a stabilization works is a works to increase the mechanical resistance of the soil or an infrastructure and protect it against erosion and landslides, excluding the approaches and protection works for bridges and culverts which form an integral part of those structures, and retaining walls;

(11)  a road is an infrastructure the right of way of which includes a roadway, shoulders and, where applicable, ditches and turning circles, but excludes a stabilization works, a railway, a bridge, a culvert, a temporary road or winter road; a road laid out by the minister responsible for the Act respecting roads (chapter V-9) is deemed to be a road and includes any related infrastructures for road traffic such as cycle paths and footbridges;

(12)  a temporary road is a road put in place for a maximum period of 3 years and which is dismantled after use;

(13)  a silvicultural treatment is a forest development activity that is intended, as part of a specific silvicultural regime and scenario, to direct the development of a stand, in particular as regards its renewal, or to improve its yield and quality;

(14)  the diameter of a tree is measured at a height of 1.3 m from the highest ground level;

(15)  the terms “invasive exotic plant species” and “ditch” defined 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) apply.

O.C. 871-2020, s. 5.