P-37 - Tree Protection Act

Section 1 Disposition versions

2022-05-12

1. Notwithstanding any general or special law authorizing same, any person or any legal person constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, anywhere other than in a forest under the management of the Minister of Natural Resources and Wildlife, without having obtained, upon petition therefor notified to the interested parties, the authorization of the Minister of Sustainable Development, Environment and Parks, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, punitive damages in an amount not exceeding $200 for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact or could come in contact with electrical wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases falling under article 985 of the Civil Code.

Before felling any tree, sapling or shrub for precautionary reasons, a person must, by any appropriate means under the circumstances, notify the owner or occupant of the premises at least 24 hours prior to the felling. Any notice left in the absence of the owner must be left in a conspicuous place visible to the owner or occupant.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14; 1979, c. 49, s. 19; 1984, c. 27, s. 83; 1988, c. 23, s. 97; 1990, c. 64, s. 37; 1994, c. 13, s. 16; 1994, c. 17, s. 75; 1999, c. 40, s. 229; 1999, c. 36, s. 158; 2003, c. 8, s. 6; 2006, c. 3, s. 35; I.N. 2016-01-01 (NCCP); 2022, c. 8, s. 85.

2016-01-01

1. Notwithstanding any general or special law authorizing same, any person or any legal person constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, anywhere other than in a forest under the management of the Minister of Natural Resources and Wildlife, without having obtained, upon petition therefor notified to the interested parties, the authorization of the Minister of Sustainable Development, Environment and Parks, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, punitive damages in an amount not exceeding $200 for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact with wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases falling under article 985 of the Civil Code.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14; 1979, c. 49, s. 19; 1984, c. 27, s. 83; 1988, c. 23, s. 97; 1990, c. 64, s. 37; 1994, c. 13, s. 16; 1994, c. 17, s. 75; 1999, c. 40, s. 229; 1999, c. 36, s. 158; 2003, c. 8, s. 6; 2006, c. 3, s. 35; I.N. 2016-01-01 (NCCP).

2006-04-19

1. Notwithstanding any general or special law authorizing same, any person or any legal person constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, anywhere other than in a forest under the management of the Minister of Natural Resources and Wildlife, without having obtained, upon petition therefor served upon the interested parties, the authorization of the Minister of Sustainable Development, Environment and Parks, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, punitive damages in an amount not exceeding $200 for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact with wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases falling under article 985 of the Civil Code.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14; 1979, c. 49, s. 19; 1984, c. 27, s. 83; 1988, c. 23, s. 97; 1990, c. 64, s. 37; 1994, c. 13, s. 16; 1994, c. 17, s. 75; 1999, c. 40, s. 229; 1999, c. 36, s. 158; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

2003-11-27

1. Notwithstanding any general or special law authorizing same, any person or any legal person constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, anywhere other than in a forest under the management of the Minister of Natural Resources, Wildlife and Parks, without having obtained, upon petition therefor served upon the interested parties, the authorization of the Minister of the Environment, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, punitive damages in an amount not exceeding $200 for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact with wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases falling under article 985 of the Civil Code.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14; 1979, c. 49, s. 19; 1984, c. 27, s. 83; 1988, c. 23, s. 97; 1990, c. 64, s. 37; 1994, c. 13, s. 16; 1994, c. 17, s. 75; 1999, c. 40, s. 229; 1999, c. 36, s. 158; 2003, c. 8, s. 6.

1999-12-01

1. Notwithstanding any general or special law authorizing same, any person or any legal person constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, anywhere other than in a forest under the management of the Minister of Natural Resources, without having obtained, upon petition therefor served upon the interested parties, the authorization of the Minister of the Environment, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, punitive damages in an amount not exceeding $200 for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact with wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases falling under article 985 of the Civil Code.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14; 1979, c. 49, s. 19; 1984, c. 27, s. 83; 1988, c. 23, s. 97; 1990, c. 64, s. 37; 1994, c. 13, s. 16; 1994, c. 17, s. 75; 1999, c. 40, s. 229; 1999, c. 36, s. 158.

1999-10-22

1. Notwithstanding any general or special law authorizing same, any person or any legal person constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, anywhere other than in a forest under the management of the Minister of Natural Resources, without having obtained, upon petition therefor served upon the interested parties, the authorization of the Minister of the Environment and Wildlife, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, punitive damages in an amount not exceeding $200 for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact with wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases falling under article 985 of the Civil Code.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14; 1979, c. 49, s. 19; 1984, c. 27, s. 83; 1988, c. 23, s. 97; 1990, c. 64, s. 37; 1994, c. 13, s. 16; 1994, c. 17, s. 75; 1999, c. 40, s. 229.

1994-06-17

1. Notwithstanding any general or special law authorizing same, any person or any corporation constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, anywhere other than in a forest under the management of the Minister of Natural Resources, without having obtained, upon petition therefor served upon the interested parties, the authorization of the Minister of the Environment and Wildlife, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, exemplary damages in an amount not exceeding $200 for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact with wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases falling under article 529 of the Civil Code of Lower Canada.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14; 1979, c. 49, s. 19; 1984, c. 27, s. 83; 1988, c. 23, s. 97; 1990, c. 64, s. 37; 1994, c. 13, s. 16; 1994, c. 17, s. 75.

1991-01-30

1. Notwithstanding any general or special law authorizing same, any person or any corporation constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, anywhere other than in a forest under the management of the Minister of Forests, without having obtained, upon petition therefor served upon the interested parties, the authorization of the Minister of the Environment, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, exemplary damages in an amount not exceeding $200 for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact with wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases falling under article 529 of the Civil Code.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14; 1979, c. 49, s. 19; 1984, c. 27, s. 83; 1988, c. 23, s. 97; 1990, c. 64, s. 37.

1988-06-17

1. Notwithstanding any general or special law authorizing same, any person or any corporation constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, wherever the same is growing, without having obtained, upon petition therefor served upon the interested parties, the authorization of the Minister of the Environment, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, exemplary damages in an amount not exceeding $200 for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact with wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases falling under article 529 of the Civil Code.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14; 1979, c. 49, s. 19; 1984, c. 27, s. 83; 1988, c. 23, s. 97.

1984-06-20

1. Notwithstanding any general or special law authorizing same, any person or any corporation constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, wherever the same is growing, without having obtained, upon petition therefor served upon the interested parties, the authorization of the Minister of Environment, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, exemplary damages in an amount not exceeding $200 for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact with wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases falling under article 529 of the Civil Code.

When the person or corporation requiring such authorization is a distributor within the meaning of paragraph c of section 1 of the Act respecting the Régie de l’électricité et du gaz (chapter R-6), the petition must be presented to the Régie de l’électricité et du gaz, which, in such case, shall have exclusive jurisdiction in the matter.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14; 1979, c. 49, s. 19; 1984, c. 27, s. 83.

1979-11-28

1. Notwithstanding any general or special law authorizing same, any person or any corporation constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, wherever the same is growing, without having obtained, upon petition therefor served upon the interested parties, the authorization of the Minister of Environment, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, exemplary damages in an amount not exceeding twenty-five dollars for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact with wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases failing under article 529 of the Civil Code.

When the person or corporation requiring such authorization is a distributor within the meaning of paragraph c of section 1 of the Act respecting the Régie de l’électricité et du gaz (chapter R-6), the petition must be presented to the Régie de l’électricité et du gaz, which, in such case, shall have exclusive jurisdiction in the matter.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14; 1979, c. 49, s. 19.

1977-12-31

1. Notwithstanding any general or special law authorizing same, any person or any corporation constituted in Québec or elsewhere by any authority whatsoever, destroying or damaging, wholly or partly, a tree, sapling or shrub, or any underwood, wherever the same is growing, without having obtained, upon petition therefor served upon the interested parties, the authorization of the Minister of Lands and Forests, unless a consent has been previously given by the owner of such tree, sapling, shrub or underwood, shall be bound to pay to the owner of such tree, sapling, shrub or underwood, in addition to actual damages, exemplary damages in an amount not exceeding twenty-five dollars for each such tree, sapling, shrub or underwood so wholly or partly destroyed or damaged.

Nevertheless, this section shall not apply in cases where such trees or shrubs accidentally come in contact with wires or apparatus of a public utility in a manner to endanger life or property or to interrupt service, nor in the cases failing under article 529 of the Civil Code.

When the person or corporation requiring such authorization is a distributor within the meaning of paragraph c of section 1 of the Act respecting the Régie de l’électricité et du gaz (chapter R-6), the petition must be presented to the Régie de l’électricité et du gaz, which, in such case, shall have exclusive jurisdiction in the matter.

R. S. 1964, c. 95, s. 1; 1973, c. 38, s. 101; 1977, c. 5, s. 14.