Q-2, r. 9.1 - Regulation respecting compensation for adverse effects on wetlands and bodies of water

Section 12 Disposition versions

2018-09-20

12. In addition to the case provided for in section 46.0.9 of the Act, the Minister may reimburse, in whole or in part, the financial contribution paid by the holder of a ministerial authorization in the following cases:

(1)  the work resulted in a loss of surface area in a wetland or body of water less than that authorized;

(2)  the work was subject to compensation for a loss of wildlife habitat after the issue of the authorization.

The amount of the reimbursable contribution corresponds, as the case may be, to the surface area of the wetland or body of water that has not been affected by the work or the surface area subject to compensation for the loss of wildlife habitat.

In the case provided for in subparagraph 1 of the first paragraph, the application for reimbursement of the authorization holder must be accompanied by a study signed by any of the persons referred to in paragraph 1 of section 46.0.3 of the Act confirming the boundaries and surface area of the portion of the wetland or body of water affected by the work.

In the case provided for in subparagraph 2 of the first paragraph, the application for reimbursement must be accompanied by proof that the adverse effects on the wetland or body of water was subject to compensation for the loss of wildlife habitat.

Where the application for reimbursement is accepted, the Minister, depending on the applicable situation, amends or revokes the authorization concerned.

O.C. 1242-2018, s. 12.

Not in force

In force: 2018-09-20

12. In addition to the case provided for in section 46.0.9 of the Act, the Minister may reimburse, in whole or in part, the financial contribution paid by the holder of a ministerial authorization in the following cases:

(1)  the work resulted in a loss of surface area in a wetland or body of water less than that authorized;

(2)  the work was subject to compensation for a loss of wildlife habitat after the issue of the authorization.

The amount of the reimbursable contribution corresponds, as the case may be, to the surface area of the wetland or body of water that has not been affected by the work or the surface area subject to compensation for the loss of wildlife habitat.

In the case provided for in subparagraph 1 of the first paragraph, the application for reimbursement of the authorization holder must be accompanied by a study signed by any of the persons referred to in paragraph 1 of section 46.0.3 of the Act confirming the boundaries and surface area of the portion of the wetland or body of water affected by the work.

In the case provided for in subparagraph 2 of the first paragraph, the application for reimbursement must be accompanied by proof that the adverse effects on the wetland or body of water was subject to compensation for the loss of wildlife habitat.

Where the application for reimbursement is accepted, the Minister, depending on the applicable situation, amends or revokes the authorization concerned.

O.C. 1242-2018, s. 12.