P-41.1 - Act respecting the preservation of agricultural land and agricultural activities

Article 90.4 Versions de la disposition

2025-03-25

90.4. In determining the amount of the fine, the court must take into account, in particular,

1°  the seriousness of the harm to the agricultural land;

2°  the impossibility of restoring the lot to its former condition;

3°  whether a contaminant has been released into the soil;

4°  whether the immovable concerned is a protected immovable according to the RCM land use and development plan;

5°  the duration of the offence;

6°  the repetitive nature of the offence;

7°  the number of hectares concerned;

8°  whether the offender acted intentionally or was reckless or negligent; and

9°  the benefits and revenues the person or partnership that committed the offence has derived from the commission of the offence.

A judge who, despite the presence of an aggravating factor, decides to impose the minimum fine must give reasons for the decision.

2025, c. 5, s. 81.