128.9. The Government, upon the advice of the Minister and after a public hearing by the Minister or his representative, may, on such conditions as it determines, authorize the carrying on of an activity that alters a wildlife habitat if it considers that the consequences of not carrying on or of abandoning the activity would be more harmful to the public than the alteration of the wildlife habitat concerned.
For that purpose, the Government may require that the applicant furnish security, carry out measures necessary for the conservation, management or development of a replacement wildlife habitat, or pay the financial compensation necessary for those purposes.
However, in the case of an activity arising from a project for which the Government made a decision regarding compensation measures under the second paragraph of section 31.5.1 of the Environment Quality Act (chapter Q-2), the Government must, when exercising the power provided for in the second paragraph of this section, do so in accordance with that decision.
1988, c. 24, s. 5; 1994, c. 17, s. 43; 1999, c. 36, s. 106; 2025, c. 122025, c. 12, s. 511.