Q-2 - Environment Quality Act

Article 31.5.1 Versions de la disposition

2025-05-28

31.5.1. If the project adversely affects wetlands and bodies of water, the Government or the committee of ministers shall apply sections 46.0.4 and 46.0.6, with the necessary modifications, taking into account the objectives stated in section 46.0.1. It shall decide, with regard to those adverse effects, whether compensation measures are required. In such a case, it shall determine those measures from among the following:

1°  the payment of a financial contribution, according to the terms determined by the Government or the committee of ministers, whose amount is established in accordance with the calculation method prescribed by the government regulation made under paragraph 1 of section 46.0.22 or, if the Government or the committee of ministers is of the opinion that that method is not suited to the context because a variable of the method is not determinate or determinable in the case at hand or because the method does not allow all the characteristics of the wetlands and bodies of water concerned by the compensation to be taken into consideration, in accordance with any other calculation method established by the Government or the committee of ministers that ensures fair compensation of the adverse effects on the wetland or body of water; and

2°  the carrying out of work to restore or create wetlands and bodies of water, subject to the conditions, restrictions and prohibitions determined by the Government or the committee of ministers.

If the project alters a wildlife habitat within the meaning of section 128.6 of the Act respecting the conservation and development of wildlife (chapter C-61.1), the Government or the committee of ministers may determine, with regard to the alteration, the compensation measures required, if applicable, from among the following:

1°  the payment of a financial contribution, according to the terms determined by the Government or the committee of ministers, whose amount is established in accordance with the calculation method prescribed by the government regulation made under paragraph 4 of section 128.18 of that Act or, if the Government or the committee of ministers is of the opinion that that method is not suited to the context because a variable of the method is not determinate or determinable in the case at hand or because the method does not allow all the characteristics of the habitat concerned by the compensation to be taken into consideration, in accordance with any other calculation method established by the Government or the committee of ministers that ensures fair compensation of the adverse effects on the wetland or body of water; and

2°  the carrying out of measures necessary for the conservation, management or development of a replacement wildlife habitat, subject to the conditions, restrictions and prohibitions determined by the Government or the committee of ministers.

If the project is likely to adversely affect a specimen of a threatened or vulnerable plant species or if it alters the habitat of such a species within the meaning of the Act respecting threatened or vulnerable species (chapter E-12.01), the Government or the committee of ministers may determine, with regard to those adverse effects or that alteration, the compensation measures required, if applicable, from among the following:

1°  the payment of a financial contribution intended to compensate the adverse effects or the alteration, according to the terms determined by the Government or the committee of ministers, whose amount is established in accordance with the calculation method prescribed by the government regulation made under paragraph 5.1 of section 39 of that Act or, if the Government or the committee of ministers is of the opinion that that method is not suited to the context because a variable of the method is not determinate or determinable in the case at hand or because the method does not allow all the characteristics of the habitat concerned by the compensation to be taken into consideration, in accordance with any other calculation method established by the Government or the committee of ministers that ensures fair compensation of the adverse effects on a specimen of a threatened or vulnerable plant species or of the alteration of the habitat of such a species, as the case may be; and

2°  the carrying out of measures necessary for the conservation or management of threatened or vulnerable plant species, in particular for the development of replacement habitats, subject to the conditions, restrictions and prohibitions determined by the Government or the committee of ministers.

If, for the same area, two or more compensation measures are required under the first, second or third paragraph, the Government or the committee of ministers shall determine which measure applies in order to avoid an adverse effect being compensated more than once. In such a case, if it determines that financial contribution is payable, it may establish an alternative calculation method that takes into consideration those multiple adverse effects and their cumulative effects on the wetland or body of water affected in order to ensure fair compensation.

Any financial contribution required as compensation under the first, second or third paragraph may, on request and within the time and on the conditions determined by government regulation, be reimbursed, in whole or in part, if the actual adverse effects are less than the ones covered by the contribution required. The request for reimbursement must be accompanied by the information determined by government regulation.

If the Government or the committee of ministers considers that an impact of the project that is not covered by the first, second or third paragraph should be compensated in order to ensure adequate protection of the environment or of the health, safety, welfare or comfort of human beings, to protect other living species or to prevent adverse effects on property, it may require the carrying out of work or of another compensation measure intended, in particular, to create, restore or protect environments.

In the case of a project in respect of which preliminary work was the subject of a decision made under section 31.4.3, the Government or the committee of ministers may exercise the powers provided for in this section in respect of that work where the work was not the subject of another compensation measure.

2022, c. 8, s. 94; 2025, c. 12, s. 100.

2022-05-12

31.5.1. Before sending an unfavourable recommendation under the first paragraph of section 31.5, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the project proponent and grant the latter at least 15 days to submit observations.

2022, c. 8, s. 94.