The draft Regulation under the Environment Quality Act and the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation addresses the management of invasive exotic plant species in Québec. The primary aim of the Regulation is to prevent the cultivation and sale of invasive exotic plant species listed in Schedule I, which pose ecological threats to native flora and aquatic and terrestrial ecosystems. The draft Regulation defines an invasive exotic plant species broadly to include all subspecies, varieties, cultivars, and hybrids of listed species, with specific exceptions for certain cultivars of Japanese barberry.

Under the Regulation, the growing of invasive exotic plants is prohibited. This encompasses seeding, transplanting, propagation by cuttings, and general maintenance of these species. Exemptions exist for scientific research and experimentation conducted by eligible public research centers or recognized post-secondary educational institutions in Québec, provided that such cultivation is strictly controlled to prevent the spread of the species outside designated growing sites. Similarly, the sale of invasive exotic plants, including any part of the plant capable of propagation—roots, stems, leaves, seeds, bulbs, or fruit—is prohibited. Certain species, including Carolina fanwort, Brazilian waterweed, Brazilian water-milfoil, Japanese barberry, Goutweed, and Glossy buckthorn, have a delayed prohibition on sale, coming into effect one year after the Regulation’s implementation.

To enforce compliance, the draft Regulation sets out a tiered system of monetary penalties and legal sanctions. Natural persons found in violation of the prohibition on growing or selling invasive exotic plants may be subject to administrative penalties of $1,500, while other entities, such as businesses or organizations, could face penalties of $7,500. More severe criminal fines apply for offences under the Regulation, with natural persons liable for fines ranging from $8,000 to $500,000 and other entities liable for fines ranging from $24,000 to $3,000,000. These measures are designed to deter noncompliance and protect Québec’s ecosystems from the ecological, economic, and social impacts associated with invasive exotic plant species.

The Regulation specifies that municipal bylaws governing activities covered by this Regulation are not subject to Section 118.3.3 of the Environment Quality Act, reinforcing provincial authority in managing invasive species. The effective date of the Regulation is set for 15 days after its publication in the Gazette officielle du Québec, except for the delayed sales prohibitions, which take effect one year later for the identified species. Schedule I enumerates the invasive exotic plants subject to these controls, including a wide range of terrestrial and aquatic species such as Autumn olive, Black swallowwort, Bohemian knotweed, European reed, Garlic mustard, Giant hogweed, Japanese knotweed, Kudzu, and Waterthyme, among others. By establishing clear definitions, prohibited activities, exemptions, and penalties, the draft Regulation represents a comprehensive legal framework to limit the spread of invasive exotic plants and safeguard Québec’s natural environments from their detrimental effects, while providing regulated avenues for scientific and educational use.

Quebec (Draft) October 28, 2025
Disclaimer: Insights are for informational purposes only and do not reflect RRI’s official position or constitute legal opinion.