The floods of 2017 and 2019 left their mark on all of Quebec, and these events were very costly for municipalities, the government and also many citizens. This is what sounded the alarm: our system clearly has several shortcomings when it comes to preventing natural disasters, and an update of flood plains maps is essential.

This realization led the province to adopt the régime transitoire de gestion des zones inondables, des rives et du littoral (transitional regime for the management of flood zones, riverbanks and shorelines), which has been in effect since March 1, 2022. It replaces the Politique de protection des rives, du littoral et des plaines inondables (policy for the protection of riverbanks, shorelines, and flood plains), which had been in force since 1987. As the government states on its website, its objectives are to ensure uniform and adequate protection of water environments across the province, and to protect people and property from flooding. 

The transitional plan applies while waiting for the permanent plan which will gradually replace it as new maps of flood plains are published.

Although the objectives are noble, this transitional plan complicates matters, since it coexists with the by-laws of each municipality, on the same subjects, and several other sectoral bylaws, or amendments thereto, adopted as part of this overhaul. The dispositions of the provincial transitional plan take precedence over those of a municipal by-law, even if the latter are more restrictive. However, a municipality may request that its by-law take precedence over the transitional regime, if it can demonstrate that the particular characteristics of its territory require the application of different standards.

Indeed, these numerous modifications have a direct impact on citizens who now face new standards and conditions that are sometimes contradictory and/or imprecise. Not to mention that the Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs (MELCCFP) has also revised many of its administrative practices and interpretations; so what used to be a clear right must now be subject to authorization.

This transitional plan modifies the application of the Loi sur la qualité de l’environnement in water environments and introduces a municipal authorization system. Consequently, to carry out certain types of work or activities in flood zones, riverbanks or shorelines, municipal or ministerial authorization must be sought, depending on the case.

The application of this transitional plan is more than complicated for a citizen, but you should know that it is also complicated for municipal authorities and even for the Ministry. Don’t hesitate to contact us, we are here to help you determine your rights regarding flood zones, riverbanks and shorelines.