M-30.001 - Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs

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chapter M-30.001
Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs
SUSTAINABLE DEVELOPMENT, ENVIRONMENT AND PARKSApril 19 2006April 19 2006
The Ministère du Développement durable, de l’Environnement et des Parcs is designated under the name of Ministère de l’Environnement et de la Lutte contre les changements climatiques. Order in Council 1280-2018 dated 18 October 2018, (2018) 150 G.O. 2 (French), 7380.
This Act was formerly entitled: “An Act respecting the Ministère de l’Environnement”. The title of the Act was replaced by section 22 of chapter 3 of the statutes of 2006.
1999, c. 36, s. 136; 2006, c. 3, s. 22.
DIVISION I
ORGANIZATION OF THE DEPARTMENT
1. The Ministère du Développement durable, de l’Environnement et des Parcs shall be under the direction of the Minister of Sustainable Development, Environment and Parks appointed under the Executive Power Act (chapter E-18).
1994, c. 17, s. 1; 1999, c. 36, s. 137; 2006, c. 3, s. 35.
The Ministère du Développement durable, de l’Environnement et des Parcs is designated under the name of Ministère de l’Environnement et de la Lutte contre les changements climatiques. The Minister of Sustainable Development, Environment and Parks is designated under the name of Minister of Environment and the Fight Against Climate Change. Order in Council 1-2019 dated 16 January 2019, (2019) 151 G.O. 2 (French), 309.
As regards parks, the functions of the Minister of Sustainable Development, Environment and Parks provided for in this Act are assigned to the Minister of Forests, Wildlife and Parks. Order in Council 1291-2018 dated 18 October 2018, (2018) 150 G.O. 2 (French), 7384.
2. The Government, in accordance with the Public Service Act (chapter F‐3.1.1), shall appoint a person as Deputy Minister of Sustainable Development, Environment and Parks.
1994, c. 17, s. 2; 1999, c. 36, s. 137; 2006, c. 3, s. 35.
3. Under the direction of the Minister, the Deputy Minister shall administer the department.
He shall, in addition, perform any other function assigned to him by the Government or the Minister.
1994, c. 17, s. 3.
4. In the performance of his functions, the Deputy Minister has the authority of the Minister.
1994, c. 17, s. 4.
5. The Deputy Minister may, in writing and to the extent he indicates, delegate the exercise of his functions under this Act to a public servant or the holder of a position.
He may, in the instrument of delegation, authorize the subdelegation of the functions he indicates, and in that case shall specify the title of the public servant or holder of a position to whom they may be subdelegated.
1994, c. 17, s. 5.
6. The personnel of the department shall consist of the public servants required for the performance of the functions of the Minister; they shall be appointed in accordance with the Public Service Act (chapter F-3.1.1).
The Minister shall determine the duties of the public servants where they are not determined by law or by the Government.
1994, c. 17, s. 6; 2000, c. 8, s. 242.
7. The signature of the Minister or Deputy Minister gives authority to any document emanating from the department.
No deed, document or writing is binding on the Minister or may be attributed to him unless it is signed by him, the Deputy Minister, a member of the personnel of the department or the holder of a position and, in the latter two cases, only so far as determined by the Government.
1994, c. 17, s. 7.
8. The Government may, on the conditions it determines, allow the signature of the Minister or Deputy Minister to be affixed by means of an automatic device to the documents it determines.
The Government may also allow a facsimile of the signature to be engraved, lithographed or printed on the documents it determines. The facsimile must be countersigned by a person authorized by the Minister.
1994, c. 17, s. 8.
9. Any document or copy of a document emanating from the department or forming part of its records, signed or certified by a person referred to in the second paragraph of section 7, is authentic.
1994, c. 17, s. 9.
DIVISION II
FUNCTIONS AND POWERS
10. The Minister is responsible for the protection of the environment and for seeing to natural heritage conservation, in particular to maintain the ecological functions of the ecosystems that constitute that heritage.
The Minister shall also ensure the protection, sustainable use and supervision of the protected areas under the Minister’s responsibility as well as of the other environments that benefit from special conservation measures, in particular wetlands and bodies of water.
The Minister may encourage measures to conserve wetlands and bodies of water, restore those that are degraded or create new ones.
The Minister is also responsible for coordinating government action in the area of sustainable development and for promoting compliance with the principles of sustainable development, especially in their environmental aspects, within the Administration and among the public.
1994, c. 17, s. 10; 1999, c. 36, s. 138; 2006, c. 3, s. 23; 2017, c. 14 2017, c. 14, s. 47.
11. The Minister shall elaborate and propose to the Government policies regarding, in particular,
(1)  the protection of ecosystems and biodiversity;
(2)  the prevention, abatement or elimination of water, air and soil contamination;
(3)  (subparagraph repealed);
(4)  the establishment and management of aquatic reserves, biodiversity reserves, ecological reserves and man-made landscapes;
(5)  the protection of threatened or vulnerable plant species;
(6)  the development and carrying out of activities related to observation and knowledge of nature.
The Minister shall be responsible for the implementation and coordination of these policies.
1994, c. 17, s. 11; 1999, c. 36, s. 139; 2002, c. 74, s. 82.
11.1. In addition, the Minister shall, with respect to parks,
(1)  develop and propose to the Government policies concerning parks, see to their implementation and coordinate their application; and
(2)  be responsible for the management, development, supervision and protection of parks under the Parks Act (chapter P‐9) and the Act respecting the Saguenay-St. Lawrence Marine Park (chapter P‐8.1).
2006, c. 3, s. 24.
12. For the purpose of performing his functions, the Minister may, in particular,
(1)  enter into an agreement, according to law, with a government other than that of Québec, a department of such a government, an international organization or an agency of such a government or organization;
(2)  enter into agreements with any person, municipality, group or body;
(2.1)  prepare plans and programs to promote the sustainability of development and, with the authorization of the Government, see to the carrying out of those plans and programs;
(3)  take samples or carry out research, inventories, studies, analyses, calculations, assessments, expert evaluations or verifications and provide, on request and for consideration, specialized services and related products in those areas;
(4)  obtain from government departments and public bodies the information required to elaborate and implement his policies, plans and programs;
(5)  compile, analyze, communicate, publish and disseminate the information available to him, in particular that obtained pursuant to section 2.2 of the Environment Quality Act (chapter Q‐2);
(6)  advise the Government on any matter within his competence;
(7)  provide a grant or any other form of financial assistance in accordance with the Public Administration Act (chapter A‑6.01), in particular for carrying out plans, programs, projects, research, studies or analyses, for acquiring knowledge or for acquiring or operating certain public utility installations;
(8)  lease or acquire any property by agreement, by a call for tenders or by expropriation in accordance with the Act respecting contracting by public bodies (chapter C‑65.1) or the Expropriation Act (chapter E-24); and
(9)  accept a gift or legacy of any property.
1994, c. 17, s. 12; 2004, c. 24, s. 2; 2006, c. 3, s. 25; 2017, c. 42017, c. 4, s. 207.
13. The Minister shall have authority over the water in the domain of the State and shall be responsible for the management of water as a natural resource.
For these purposes, the Minister may carry out or commission studies concerning the dangers of flooding, soil erosion and landslides and implement long-term programs to prevent or lessen the damage caused by those phenomena.
1994, c. 17, s. 13; 1999, c. 40, s. 181; 2000, c. 60, s. 1.
13.1. The Minister shall exercise in respect of the lands in the domain of the State under the Minister’s authority the rights and powers inherent in the right of ownership, excluding any alienation, transfer or exchange of property. The exercise by the Minister of those rights and powers must be compatible with the use of the land under the Minister’s authority or on which the property is situated.
In respect of such land, the Minister may, in particular, authorize or carry out such maintenance, development and construction work as is advisable to maintain or improve its quality.
The Minister may also take any necessary measures to remedy or mitigate any damage sustained by the natural environment on such lands and may claim the costs incurred from the person responsible in the same manner as any debt due to the Government.
The lands included in the waters in the domain of the State, in particular those referred to in section 2 of the Watercourses Act (chapter R-13), are excluded from the lands to which the first paragraph applies.
2002, c. 74, s. 83; 2017, c. 4, s. 208.
14. Any person authorized by the Minister may, in the performance of his duties, enter on land in the private domain. If so required, the person must produce identification and a certificate of authorization signed by the Minister.
The person who, as owner or lessee or in any other capacity, has the custody of the land shall give free access to the land at any reasonable time to the person referred to in the first paragraph, in particular for the purpose of carrying out the research, inventories, studies or analyses required to assess the location, quantity, quality or vulnerability of groundwater present in the land, subject, however, to that person restoring the premises to their former state and compensating the owner or custodian of the land, as the case may be, for any damage.
Whoever contravenes the provisions of the second paragraph or hinders an authorized person in the exercise of the person’s duties, is liable to a fine of not less than $500 and not more than $5,000. The fine is doubled in the case of a subsequent offence.
1994, c. 17, s. 14; 2002, c. 53, s. 19; 2011, c. 20, s. 53.
15. The Minister shall table a report of the activities of the Ministère du Développement durable, de l’Environnement et des Parcs in the National Assembly for each fiscal year, within six months after the end of the year if the Assembly is in session or, if it is not sitting, within 30 days after resumption.
1994, c. 17, s. 15; 1999, c. 36, s. 140; 2006, c. 3, s. 35.
DIVISION II.1
GREEN FUND
2006, c. 3, s. 26.
15.1. A Green Fund is established.
The Fund is dedicated to the financing of any measure related to
(1)  the fight against climate change, to reduce, limit or prevent greenhouse gas emissions, mitigate the economic and social consequences of measures established for that purpose, promote ways of adapting to the impacts of global warming and climate change and foster the development of, and Québec’s participation in, regional and international partnerships concerning these matters;
(2)  residual materials management, to ensure safe and sustainable management of hazardous materials by preventing or reducing their production, promoting their recovery and reclamation, and reducing the quantities that must be eliminated; and
(3)  water governance that complies with the governance scheme established by the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C-6.2).
The Fund is to be used, in particular, to finance activities, projects and programs aimed at stimulating technological innovation, research and development, knowledge acquisition, performance improvement, and public awareness and education with regard to any matter referred to in the second paragraph.
The sums credited to the Fund may also be used to administer and pay any financial assistance provided for by a program established by the Government, the Minister or any other minister who is party to an agreement under this division.
2006, c. 3, s. 26; 2017, c. 42017, c. 4, s. 209;2017, c. 14, s. 51.
15.2. The Minister is responsible for the Fund.
The Minister sees to it that the sums credited to the Fund for the matters referred to in the second paragraph of section 15.1 are allocated to measures that relate to those matters.
2006, c. 3, s. 26; 2017, c. 42017, c. 4, s. 210.
15.2.1. (Repealed).
2006, c. 14, s. 28; 2007, c. 9, s. 7.
15.3. (Repealed).
2006, c. 3, s. 26; 2011, c. 18, s. 251.
15.4. The following are credited to the Fund:
(1)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);
(2)  the gifts, legacies and other contributions paid into the Fund to further the achievement of the objects of the Fund;
(3)  the sums transferred to the Fund by a minister out of the appropriations granted for that purpose by Parliament;
(3.1)  (paragraph repealed);
(3.2)  the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation for a matter covered by the Fund, in accordance with section 21 of the Act respecting the Société du Plan Nord (chapter S-16.011);
(4)  the sums transferred to the Fund by the Government out of those credited to the general fund on a proposal of the Minister of Finance, including all or part of the revenue from taxes or other economic instruments intended to promote sustainable development that are identified by the Government;
(5)  the sums taken in at an auction or by a sale by mutual agreement under the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (chapter Q-2, r. 46.1), and the fees prescribed by the Regulation respecting greenhouse gas emissions from motor vehicles (chapter Q-2, r. 17);
(5.1)  (paragraph repealed);
(6)  the revenue derived from charges prescribed by the Regulation respecting the charges payable for the disposal of residual materials (chapter Q-2, r. 43);
(7)  the revenue derived from charges prescribed by the Regulation respecting the charges payable for the use of water (chapter Q-2, r. 42.1);
(8)  (paragraph repealed);
(8.1)  any other sum provided for by law;
(9)  the revenue generated by the sums credited to the Fund;
(10)  the interest charged on amounts owing under an Act or regulation under the Minister’s administration in connection with a matter covered by the Fund; and
(11)  the financial contributions paid by the federal government for a matter covered by the Fund.
2006, c. 3, s. 26; 2006, c. 14, s. 29; 2006, c. 46, s. 26; 2007, c. 9, s. 8; 2011, c. 18, Sch. I, s. 15, s. 18; 2011, c. 20, s. 54; 2011, c. 18, Sch. I, s. 15; 2011, c. 18, s. 252; 2013, c. 16, s. 140; 2013, c. 16, s. 167; 2014, c. 16, s. 87; 2017, c. 42017, c. 4, s. 211.
15.4.1. The sums referred to in paragraph 5 of section 15.4 are allocated to finance any measure to fight climate change. 
Two-thirds of the sums that correspond to the proceeds of the sale by the Minister of emission allowances within the meaning of the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2) are reserved for the measures applicable to transportation.
The Government, on the recommendation of the Minister of Finance, the minister responsible for transport and the minister responsible for the administration of this Act, determines which of the sums thus reserved are allocated to public transit measures and to financial assistance programs that promote the development and use of public transit or the development and use of modes of passenger transport other than passenger vehicles occupied by the driver only.
The sums thus allocated are transferred by the Minister to the Land Transportation Network Fund established under paragraph 1 of section 12.30 of the Act respecting the Ministère des Transports (chapter M-28).
2013, c. 16, s. 168; 2013, c. 16, s. 182; 2013, c. 16, s. 168; 2017, c. 4, s. 212.
15.4.1.1. The sums referred to in paragraph 6 of section 15.4 are allocated to finance any measure related to hazardous materials management.
2017, c. 42017, c. 4, s. 213.
15.4.1.2. The sums referred to in paragraph 7 of section 15.4 are allocated to finance any measure related to water governance.
2017, c. 42017, c. 4, s. 213.
15.4.2. If a minister or Energy Transition Québec is party to an agreement with the Minister of Sustainable Development, Environment and Parks under section 15.4.3, the minister or Energy Transition Québec may debit the sums provided for in the agreement from the Fund.
The expenditure and investment estimates on the basis of which each minister or Energy Transition Québec may debit sums from the Fund must be clearly specified in the Fund estimates appearing in the special fund budget provided for in section 47 of the Financial Administration Act (chapter A-6.001).
Any such estimates must also appear in the estimates of each minister other than the Minister of Sustainable Development, Environment and Parks.
2013, c. 16, s. 168; 2017, c. 42017, c. 4, s. 214; 2016, c. 35 2016, c. 35, s. 72.
15.4.3. When a department’s activities include the implementation of measures targeted by the multi-year climate change action plan, the Conseil de gestion du Fonds vert may enter into an agreement with the minister responsible for that department, after consulting the minister responsible for the administration of this Act allowing it to debit the sums required for those activities from the Fund. The Minister of Sustainable Development, Environment and Parks may also, for the same purposes, conclude such an agreement with Energy Transition Québec as regards the programs and measures for which it is responsible under the energy transition, innovation and efficiency master plan prepared under the Act respecting Transition énergétique Québec (chapter T-11.02).
The agreement must specify how the sums will be used and the amount that may be debited from the Fund for the fiscal years covered by the agreement.
The minister concerned or Energy Transition Québec continues to be responsible for the activities for which sums are debited from the Fund.
2013, c. 16, s. 168; 2017, c. 42017, c. 4, s. 215;2016, c. 35, s. 73.
DIVISION II.2
CONSEIL DE GESTION DU FONDS VERT
2017, c. 42017, c. 4, s. 216.
§ 1.  — Establishment
2017, c. 42017, c. 4, s. 216.
15.4.4. The Conseil de gestion du Fonds vert is established.
The Conseil de gestion is a legal person.
2017, c. 42017, c. 4, s. 216.
15.4.5. The Conseil de gestion is a mandatary of the State.
Its property forms part of the domain of the State but the performance of its obligations may be levied against its property.
The Conseil de gestion binds none but itself when it acts in its own name.
2017, c. 42017, c. 4, s. 216.
15.4.6. The head office of the Conseil de gestion is located in the territory of Ville de Québec. Notice of the location or of any change in location of the head office is published in the Gazette officielle du Québec.
2017, c. 42017, c. 4, s. 216.
§ 2.  — Mission and powers
2017, c. 42017, c. 4, s. 216.
15.4.7. The mission of the Conseil de gestion is to provide a governance framework for the Green Fund and coordinate its management in keeping with the principles of sustainable development, effectiveness, efficiency and transparency.
To that end, the Conseil de gestion gives priority to project-based management centred on achieving the best results to further government principles, directions and objectives, in particular those set out in the sustainable development strategy adopted under the Sustainable Development Act (chapter D‑8.1.1), in the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C-6.2), in the residual materials management policy provided for in section 53.4 of the Environment Quality Act (chapter Q‑2) and in the multiyear climate change action plan provided for in section 46.3 of the Environment Quality Act, the latter of which contributes to the fight against climate change and fosters the achievement of government greenhouse gas reduction targets.
More specifically, it
(1)  annually prepares the Green Fund’s accounts in collaboration with the Minister and the Minister of Finance;
(2)  proposes to the Minister the information to be entered into the accounts of the Green Fund;
(3)  enters into the agreements referred to in section 15.4.3, ensures that the commitments made by the ministers with regard to those agreements are met, and approves the administrative costs to be debited from the Green Fund under those agreements;
(4)  prepares, on a yearly basis and in collaboration with the Minister, a plan for the measures financed by the Green Fund, including in particular the transfers made under section 15.4.1, and an expenditures plan in that regard, in compliance with the government objectives established for that purpose;
(5)  assesses the Green Fund’s performance with respect to the uses to which it is specifically allocated and recommends to the Minister any adjustments required to improve performance;
(6)  ensures supervision and oversight of the Green Fund’s treasury activities and financial flows;
(7)  collaborates in the preparation of Green Fund estimates for each fiscal year; and
(8)  proposes the appropriate strategic directions, objectives and courses of action applicable to the Green Fund.
2017, c. 42017, c. 4, s. 216; 2017, c. 14, s. 51.
15.4.8. To accomplish its mission, the Conseil de gestion may
(1)  advise the Minister on the measures financed by the Green Fund and assist the Minister in developing those measures;
(2)  establish governance policies and practices;
(3)  establish performance indicators and targets for the Green Fund’s management;
(4)  enter into contracts or agreements with any person or group of persons or with a government or a government department, including agreements to delegate some of its functions;
(5)  establish any committee to study specific questions or facilitate the operations of the Conseil de gestion;
(6)  give its opinion to the Minister on any question the latter submits to it;
(7)  carry out any mandate conferred on it by the Government; and
(8)  consult any person or group of persons designated by the Minister.
2017, c. 42017, c. 4, s. 216.
§ 3.  — Organization and operation
2017, c. 42017, c. 4, s. 216.
15.4.9. The Conseil de gestion is administered by a board of directors composed of nine members appointed by the Government as follows:
(1)  the president and chief executive officer;
(2)  three members from the Government, including one member representing the minister responsible for the administration of this Act and one member representing the minister responsible for finance; and
(3)  five independent members from civil society appointed taking into account the expertise and experience profiles established by the board.
2017, c. 42017, c. 4, s. 216.
15.4.10. The Government designates the chair of the board from among the members from civil society. The chair calls, presides at and sees to the proper conduct of board meetings. The chair also exercises any other functions assigned by the board.
The board members designate one of their number as vice-chair, who exercises the chair’s functions if the latter is absent or unable to act.
2017, c. 42017, c. 4, s. 216.
15.4.11. The president and chief executive officer is responsible for the direction and management of the Conseil de gestion within the scope of its by-laws and policies. The office of president and chief executive officer is a full-time position. The president and chief executive officer may not be designated chair of the board.
2017, c. 42017, c. 4, s. 216.
15.4.12. The president and chief executive officer is appointed for a term of up to five years.
The other board members are elected for a term of up to three years and may be reappointed only twice, for a consecutive or non-consecutive term.
On the expiry of their term, board members remain in office until replaced or reappointed.
2017, c. 42017, c. 4, s. 216.
15.4.13. A vacancy on the board is filled in accordance with the rules of appointment set out in section 15.4.9.
Non-attendance at a number of board meetings determined by the by-laws of the Conseil de gestion, in the cases and circumstances specified in the by-laws, constitutes a vacancy.
2017, c. 42017, c. 4, s. 216.
15.4.14. The Government determines the remuneration, employee benefits and other conditions of employment of the president and chief executive officer.
The other board members receive no remuneration except in the cases, on the conditions and to the extent the Government may determine. They are entitled, however, to the reimbursement of the expenses they incur in the performance of their duties, on the conditions and to the extent determined by the Government.
2017, c. 42017, c. 4, s. 216.
15.4.15. The quorum at board meetings is the majority of its members, including the chair.
In the case of a tie vote, the chair has a casting vote.
2017, c. 42017, c. 4, s. 216.
15.4.16. The board members may waive notice of a meeting. Their attendance at a board meeting constitutes a waiver of notice, unless they are present to contest the legality of the calling of the meeting.
2017, c. 42017, c. 4, s. 216.
15.4.17. If all board members agree, they may take part in a board meeting by means of equipment enabling all participants to communicate orally with one another, such as by telephone. In such a case, the participants are deemed to have attended the meeting.
2017, c. 42017, c. 4, s. 216.
15.4.18. A written resolution signed by all the board members entitled to vote has the same value as a resolution adopted at a board meeting.
A copy of such a resolution is kept with the minutes of board meetings or other equivalent record book.
2017, c. 42017, c. 4, s. 216.
15.4.19. The minutes of board meetings, approved by the board and certified true by the president and chief executive officer or by any other person authorized by the Conseil de gestion, are authentic, as are the documents or copies of documents emanating from the Conseil de gestion or forming part of its records, provided they are signed or certified true by one of those persons.
2017, c. 42017, c. 4, s. 216.
15.4.20. The board must establish a governance and ethics committee and an audit committee each composed in the majority of independent members. The other composition rules and the roles and functions of those committees are those provided for in the Act respecting the governance of state-owned enterprises (chapter G‑1.02).
The employees’ code of ethics drawn up by the governance and ethics committee must be made public by the Conseil de gestion.
2017, c. 42017, c. 4, s. 216.
15.4.21. No document binds the Conseil de gestion or may be attributed to it unless it is signed by the president and chief executive officer or, to the extent determined in the by-laws of the Conseil de gestion, by a board or personnel member.
2017, c. 42017, c. 4, s. 216.
15.4.22. The by-laws of the Conseil de gestion may, subject to the conditions and on the documents specified in the by-laws, allow a signature to be affixed by means of an automatic device or be electronic, or allow a facsimile of a signature to be engraved, lithographed or printed. However, the facsimile has the same force as the signature itself only if the document is countersigned by a person referred to in section 15.4.21.
The by-laws may, however, for the documents they specify, prescribe that the facsimile has the same force as the signature itself, even if the document is not countersigned.
2017, c. 42017, c. 4, s. 216.
15.4.23. The by-laws of the Conseil de gestion are subject to the approval of the Government.
2017, c. 42017, c. 4, s. 216.
15.4.24. The employees of the Conseil de gestion are appointed in accordance with the Public Service Act (chapter F-3.1.1).
2017, c. 42017, c. 4, s. 216.
15.4.25. Board members or employees of the Conseil de gestion may not be prosecuted for official acts done in good faith in the performance of their duties.
2017, c. 42017, c. 4, s. 216.
§ 4.  — Strategic plan
2017, c. 42017, c. 4, s. 216.
15.4.26. The Conseil de gestion adopts a strategic plan covering a period of more than one year.
2017, c. 42017, c. 4, s. 216.
15.4.27. The strategic plan must state
(1)  the mission of the Conseil de gestion;
(2)  the context in which the Conseil de gestion acts and the main challenges it faces;
(3)  the strategic directions, objectives and lines of intervention selected;
(4)  the results targeted over the period covered by the plan; and
(5)  the performance indicators and targets to be used to measure results.
2017, c. 42017, c. 4, s. 216.
15.4.28. The Conseil de gestion sends its strategic plan to the Minister.
The Minister tables the strategic plan in the National Assembly within 30 days after receiving it or, if the Assembly is not sitting, within 15 days after resumption.
2017, c. 42017, c. 4, s. 216.
§ 5.  — Financial provisions
2017, c. 42017, c. 4, s. 216.
15.4.29. The Conseil de gestion may debit from the Green Fund the sums required for its operation.
2017, c. 42017, c. 4, s. 216.
15.4.30. The Conseil de gestion may not, without the authorization of the Government,
(1)  contract a loan that causes the total of its current outstanding loans to exceed the amount determined by the Government;
(2)  make a financial commitment in excess of the limits or in contravention of the terms and conditions determined by the Government; or
(3)  accept a gift or legacy to which a charge or condition is attached.
2017, c. 42017, c. 4, s. 216.
15.4.31. The Government may, on the terms and conditions it determines,
(1)  guarantee payment of the principal of and interest on any loan contracted by the Conseil de gestion and the performance of its obligations; and
(2)  authorize the Minister of Finance to advance to the Conseil de gestion any amount considered necessary to meet its obligations or exercise its functions and powers.
The sums required for the purposes of this section are taken out of the Consolidated Revenue Fund.
2017, c. 42017, c. 4, s. 216.
15.4.32. Each year, the Conseil de gestion submits its budgetary estimates for the following fiscal year and its budgetary rules to the Minister, on the conditions determined by the Minister.
The estimates are submitted to the Government for approval.
2017, c. 42017, c. 4, s. 216.
§ 6.  — Reporting
2017, c. 42017, c. 4, s. 216.
15.4.33. The fiscal year of the Conseil de gestion ends on 31 March each year.
2017, c. 42017, c. 4, s. 216.
15.4.34. The Conseil de gestion must, not later than 1 September each year, submit its financial statements and annual management report for the preceding fiscal year to the Minister. In addition to the information required by the Minister, the report must contain
(1)  the Green Fund’s financial statements;
(2)  the accounts of the Green Fund, which must include
(a)  the expenditures and investments debited from the Fund by class of measures to which the Fund is dedicated, including in particular the transfers made under section 15.4.1;
(b)  the sums debited from the Fund by each Minister who is a party to an agreement referred to in section 15.4.3; and
(c)  the nature and evolution of revenues;
(3)  a report on the management of the Green Fund’s resources in relation to government objectives and the applicable performance indicators; and
(4)  a list of the measures financed by the Green Fund.
The Minister tables the financial statements and annual report of the Conseil de gestion in the National Assembly within 30 days after receiving them or, if the Assembly is not sitting, within 30 days after resumption.
2017, c. 42017, c. 4, s. 216.
15.4.35. The financial statements of the Conseil de gestion and of the Green Fund are audited each year by the Auditor General.
2017, c. 42017, c. 4, s. 216.
15.4.36. The president and chief executive officer of the Conseil de gestion is accountable to the National Assembly as regards the governance of the Green Fund.
2017, c. 42017, c. 4, s. 216.
15.4.37. At least once every 10 years, the Minister must report to the Government on the activities of the Conseil de gestion. The report must contain
(1)  an account of the implementation of Division II.2 of this Act;
(2)  recommendations concerning the updating of the mission of the Conseil de gestion; and
(3)  an assessment of the effectiveness and performance of the Conseil de gestion.
The Minister tables the report in the National Assembly within 30 days after submitting it to the Government or, if the Assembly is not sitting, within 15 days after resumption.
2017, c. 42017, c. 4, s. 216.
DIVISION II.3
FUND FOR THE PROTECTION OF THE ENVIRONMENT AND THE WATERS IN THE DOMAIN OF THE STATE
2017, c. 42017, c. 4, s. 216.
15.4.38. The Fund for the Protection of the Environment and the Waters in the Domain of the State is established.
The Fund is dedicated to the financing of any measure the Minister may carry out within the scope of his functions, in particular as regards
(1)  control and assessment carried out under any Act or regulation under the Minister’s administration;
(2)  regulation of activities by an Act or regulation under the Minister’s administration through, among other things, the implementation of an authorization scheme, in particular with regard to water resources, pesticides, hazardous materials, industrial establishments and dams;
(3)  conservation of wetlands and bodies of water;
(4)  conservation of the natural heritage;
(5)  management of the waters in the domain of the State and of public dams; and
(6)  accreditation and certification of persons and groups of persons.
The Fund is to be used, in particular, to finance activities, projects and programs aimed at stimulating technical innovation, research and development, knowledge acquisition, performance improvement, and public awareness and education with regard to any matter mentioned in the second paragraph.
The Fund is intended, in particular, to provide financial support to municipalities and to non-profit bodies working in the environmental field.
2017, c. 42017, c. 4, s. 216.
15.4.39. The Minister is responsible for managing the Fund.
Within the scope of that management, the Minister sees to it that the sums credited to the Fund for the matters referred to in the second paragraph of section 15.4.38 are allocated to measures that relate to those matters.
2017, c. 42017, c. 4, s. 216.
15.4.40. The following are credited to the Fund:
(1)  the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (chapter A-6.001);
(2)  the gifts, legacies and other contributions paid into the Fund to further the achievement of its objects;
(3)  the sums transferred to the Fund by a minister out of the appropriations granted for that purpose by Parliament;
(4)  the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation for any of the matters covered by the Fund, in accordance with section 21 of the Act respecting the Société du Plan Nord (chapter S-16.011);
(5)  the sums transferred to the Fund by the Government out of those credited to the general fund on a proposal of the Minister of Finance, including all or part of the revenue from taxes or other economic instruments intended to promote sustainable development, identified by the Government;
(6)  the financial contributions collected as compensation for adverse effects on wetlands and bodies of water under the Environment Quality Act (chapter Q-2);
(7)  the sums collected for the management and conservation of the natural heritage under the Natural Heritage Conservation Act (chapter C‑61.01);
(8)  the sums collected with regard to pesticides under the Pesticides Act (chapter P‑9.3), in particular those collected as regulatory fees, duties or charges under a regulation made under that Act;
(9)  the sums collected under the Dam Safety Act (chapter S‑3.1.01), in particular those collected as regulatory fees, duties or charges under a regulation made under that Act;
(10)  the revenue generated by the management, operation and use of public dams by third persons;
(11)  the sums collected in connection with the accreditation of persons and municipalities under the Environment Quality Act (chapter Q-2), in particular those collected as regulatory fees, duties or charges under a regulation made under that Act;
(12)  any other sums collected as regulatory fees, duties or charges under the Environment Quality Act or the regulations to the extent that they are not required to be paid into the Green Fund, in particular the annual duties prescribed by the Regulation respecting industrial depollution attestations (chapter Q-2, r. 5) and the fees payable for the issue, amendment, renewal or transfer of an authorization;
(13)  the sums collected in connection with a concession of rights in the domain of the State and under the Minister’s authority, in particular those collected under the Watercourses Act (chapter R‑13);
(14)  the monetary administrative penalties imposed under Division III of Chapter VI of Title I of the Environment Quality Act;
(15)  the fines paid by offenders for an offence against a provision of an Act or regulation under the administration of the Minister;
(16)  the costs or other sums collected by the Minister to compensate his expenditures or the costs incurred for the measures the Minister is authorized to take within the scope of his functions to protect or restore the environment, such as the costs and other sums referred to in sections 113, 114.3, 115, 115.0.1, 115.1, 123.4 and 123.5 of the Environment Quality Act;
(17)  damages, including punitive damages, paid following a civil suit instituted on behalf of the Minister, in particular compensation obtained as a result of an action brought under the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C-6.2);
(18)  the proceeds of the alienation of property acquired by the State following a civil forfeiture and of property forfeited under the Criminal Code (R.S.C. 1985, c. C-46) or the Controlled Drugs and Substances Act (S.C. 1996, c. 19), where the Ministère du Développement durable, de l’Environnement et des Parcs participated in the operations that led to the forfeiture;
(19)  any other sum provided for by law or government regulation;
(20)  the revenue generated by the investment of the sums credited to the Fund;
(21)  the interest on an amount owing under an Act or regulation under the administration of the Minister; and
(22)  the financial contributions paid by the federal government for any matter covered by the Fund.
The surpluses accumulated by the Fund are paid into the general fund on the dates and to the extent determined by the Government.
2017, c. 4, s. 216; 2017, c. 14, ss. 48 and 51.
15.4.41. The sums referred to in subparagraph 12 of the first paragraph of section 15.4.40 with regard to fees, duties or charges relating to the use, management or purification of water as well as the sums referred to in subparagraph 17 of the first paragraph of that section with regard to compensation obtained as a result of an action brought under the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C‑6.2) are to be allocated to the financing of any measures to protect and develop water resources and to ensure that there is an adequate quality and quantity of water, in keeping with the principle of sustainable development.
2017, c. 42017, c. 4, s. 216; 2017, c. 14, s. 51.
15.4.41.1. The financial contributions referred to in subparagraph 6 of the first paragraph of section 15.4.40 are allocated to the financing of projects eligible for a wetlands and bodies of water restoration and creation program developed under the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C-6.2).
When such contributions come from projects carried out in the territory of a regional county municipality, priority must be given, when allocating the contributions, to projects carried out in the territory of the regional county municipality or in the territory of the watershed all or part of which is included in the municipality’s territory.
2017, c. 142017, c. 14, s. 49.
15.4.42. The Fund’s financial data must appear under a separate heading in the department’s annual management report.
The data under the heading must include
(1)  the expenditures and investments debited from the Fund by class of measures to which the Fund is dedicated and, concerning the financing of work to restore and create wetlands and bodies of water, the territory of any regional county municipality and that of any watershed concerned by the measure; and
(2)  the nature and evolution of revenues.
2017, c. 42017, c. 4, s. 216; 2017, c. 14 2017, c. 14, s. 50.
15.4.43. The Fund’s financial statements are audited each year by the Auditor General.
2017, c. 42017, c. 4, s. 216.
15.5. (Repealed).
2006, c. 3, s. 26; 2011, c. 18, s. 253.
15.6. (Repealed).
2006, c. 3, s. 26; 2011, c. 18, s. 253.
15.7. (Repealed).
2006, c. 3, s. 26; 2011, c. 18, s. 253.
15.8. (Repealed).
2006, c. 3, s. 26; 2011, c. 18, s. 253.
15.9. (Repealed).
2006, c. 3, s. 26; 2011, c. 18, s. 253.
15.10. (Repealed).
2006, c. 3, s. 26; 2011, c. 18, s. 253.
15.11. (Repealed).
2006, c. 3, s. 26; 2011, c. 18, s. 253.
DIVISION III
AMENDING PROVISIONS
16. (Omitted).
1994, c. 17, s. 16.
CITIES AND TOWNS ACT
17. (Amendment integrated into c. C-19, s. 412).
1994, c. 17, s. 17.
18. (Amendment integrated into c. C-19, s. 573.5).
1994, c. 17, s. 18.
19. (Amendment integrated into c. C-19, s. 573.7).
1994, c. 17, s. 19.
20. (Amendment integrated into c. C-19, s. 573.8).
1994, c. 17, s. 20.
MUNICIPAL CODE OF QUÉBEC
21. (Amendment integrated into c. C-27.1, a. 555).
1994, c. 17, s. 21.
22. (Amendment integrated into c. C-27.1, a. 939).
1994, c. 17, s. 22.
23. (Amendment integrated into c. C-27.1, a. 941).
1994, c. 17, s. 23.
24. (Amendment integrated into c. C-27.1, a. 942).
1994, c. 17, s. 24.
ACT RESPECTING THE COMMUNAUTÉ URBAINE DE L’OUTAOUAIS
25. (Amendment integrated into c. C-37.1, s. 83.3).
1994, c. 17, s. 25.
26. (Amendment integrated into c. C-37.1, s. 83.5).
1994, c. 17, s. 26.
27. (Amendment integrated into c. C-37.1, s. 83.6).
1994, c. 17, s. 27.
28. (Amendment integrated into c. C-37.1, ss. 113, 114, 118, 126).
1994, c. 17, s. 28.
29. (Amendment integrated into c. C-37.1, s. 144).
1994, c. 17, s. 29.
ACT RESPECTING THE COMMUNAUTÉ URBAINE DE MONTRÉAL
30. (Amendment integrated into c. C-37.2, s. 120.1).
1994, c. 17, s. 30.
31. (Amendment integrated into c. C-37.2, s. 120.3).
1994, c. 17, s. 31.
32. (Amendment integrated into c. C-37.2, s. 120.4).
1994, c. 17, s. 32.
33. (Amendment integrated into c. C-37.2, ss. 133, 141 to 144, 151.0.1, 151.2, 151.2.1).
1994, c. 17, s. 33.
34. (Amendment integrated into c. C-37.2, s. 223).
1994, c. 17, s. 34.
ACT RESPECTING THE COMMUNAUTÉ URBAINE DE QUÉBEC
35. (Amendment integrated into c. C-37.3, s. 92.1).
1994, c. 17, s. 35.
36. (Amendment integrated into c. C-37.3, s. 92.3).
1994, c. 17, s. 36.
37. (Amendment integrated into c. C-37.3, s. 92.4).
1994, c. 17, s. 37.
38. (Amendment integrated into c. C-37.3, ss. 126 to 128, 130, 136, 136.2, 136.3).
1994, c. 17, s. 38.
39. (Amendment integrated into c. C-37.3, s. 158).
1994, c. 17, s. 39.
ACT RESPECTING THE CONSERVATION AND DEVELOPMENT OF WILDLIFE
40. (Amendment integrated into c. C-61.1, s. 2).
1994, c. 17, s. 40.
41. (Amendment integrated into c. C-61.1, s. 4).
1994, c. 17, s. 41.
42. (Amendment integrated into c. C-61.1, s. 128.2).
1994, c. 17, s. 42.
43. (Amendment integrated into c. C-61.1, s. 128.9).
1994, c. 17, s. 43.
44. (Amendment integrated into c. C-61.1, s. 188).
1994, c. 17, s. 44.
45. (Amendment integrated into c. C-61.1, s. 192).
1994, c. 17, s. 45.
ACT RESPECTING THREATENED OR VULNERABLE SPECIES
46. (Amendment integrated into c. E-12.01, s. 6).
1994, c. 17, s. 46.
47. (Amendment integrated into c. E-12.01, s. 7).
1994, c. 17, s. 47.
48. (Amendment integrated into c. E-12.01, s. 8).
1994, c. 17, s. 48.
49. (Amendment integrated into c. E-12.01, s. 9).
1994, c. 17, s. 49.
50. (Amendment integrated into c. E-12.01, s. 10).
1994, c. 17, s. 50.
51. (Amendment integrated into c. E-12.01, s. 11).
1994, c. 17, s. 51.
52. (Amendment integrated into c. E-12.01, s. 12).
1994, c. 17, s. 52.
53. (Amendment integrated into c. E-12.01, ss. 13 to 19, 23, 25, 26, 28, 29, 33, 39, 41, 47).
1994, c. 17, s. 53.
54. (Amendment integrated into c. E-12.01, s. 57).
1994, c. 17, s. 54.
EXECUTIVE POWER ACT
55. (Amendment integrated into c. E-18, s. 4).
1994, c. 17, s. 55.
ACT RESPECTING THE MINISTÈRE DES AFFAIRES MUNICIPALES
56. (Amendment integrated into c. M-22.1, s. 7.1).
1994, c. 17, s. 56.
GOVERNMENT DEPARTMENTS ACT
57. (Amendment integrated into c. M-34, s. 1).
1994, c. 17, s. 57.
ENVIRONMENT QUALITY ACT
58. (Amendment integrated into c. Q-2, s. 1).
1994, c. 17, s. 58.
59. (Amendment integrated into c. Q-2, s. 2).
1994, c. 17, s. 59.
60. (Amendment integrated into c. Q-2, ss. 116.1, 118.4).
1994, c. 17, s. 60.
WATERCOURSES ACT
61. (Amendment integrated into c. R-13, ss. 1, 2).
1994, c. 17, s. 61.
62. (Amendment integrated into c. R-13, s. 2.2).
1994, c. 17, s. 62.
63. (Amendment integrated into c. R-13, ss. 7, 8, 23, 24, 34, 35, 40, 41, 58, 59, 65, 73, 74, 81, 84, forms 1 to 3).
1994, c. 17, s. 63.
ACT RESPECTING SAFETY IN SPORTS
64. (Amendment integrated into c. S-3.1, s. 17).
1994, c. 17, s. 64.
65. (Amendment integrated into c. S-3.1, s. 73).
1994, c. 17, s. 65.
ACT RESPECTING THE SOCIÉTÉ QUÉBÉCOISE D’ASSAINISSEMENT DES EAUX
66. (Amendment integrated into c. S-18.2.1, s. 21).
1994, c. 17, s. 66.
67. (Amendment integrated into c. S-18.2.1, s. 27).
1994, c. 17, s. 67.
68. (Amendment integrated into c. S-18.2.1, s. 27.1).
1994, c. 17, s. 68.
69. (Amendment integrated into c. S-18.2.1, s. 37).
1994, c. 17, s. 69.
70. (Amendment integrated into c. S-18.2.1, s. 38).
1994, c. 17, s. 70.
71. (Amendment integrated into c. S-18.2.1, s. 46).
1994, c. 17, s. 71.
ECOLOGICAL RESERVES ACT
72. (Amendment integrated into c. R-26.1, s. 2).
1994, c. 17, s. 72.
73. (Amendment integrated into c. R-26.1, s. 4).
1994, c. 17, s. 73.
74. (Amendment integrated into c. R-26.1, ss. 6, 23).
1994, c. 17, s. 74.
75. The words “Minister of the Environment”, “Ministère de l’Environnement” and “Deputy Minister of the Environment” are replaced respectively by the words “Minister of the Environment and Wildlife”, “Ministère de l’Environnement et de la Faune” and “Deputy Minister of the Environment and Wildlife”, wherever they appear in
(1)  (amendment integrated into c. A-19.1, ss. 165.2, 227.1);
(2)  (amendment integrated into c. C-56.1, ss. 3, 12, 28);
(3)  (amendment integrated into c. H-5, s. 32);
(4)  (amendment integrated into c. I-1, s. 18.2);
(5)  (amendment integrated into c. M-13.1, ss. 122, 156, 164, 206, 232.5, 232.11);
(6)  (amendment integrated into c. P-9.2, ss. 3, 4, 6);
(7)  (amendment integrated into c. P-9.3, ss. 8, 128, 132);
(8)  (amendment integrated into c. P-37, s. 1);
(9)  (amendment integrated into c. P-38.01, ss. 10, 36);
(10)  (amendment integrated into c. P-43, s. 1);
(11)  (amendment integrated into c. V-5.1, s. 21);
(12)  (amendment integrated into c. V-6.1, s. 20);
(13)  (amendment integrated into c. E-13.1, ss. 2, 5, 7).
1994, c. 17, s. 75.
76. The words “Minister of Recreation, Fish and Game”, “Ministère du Loisir, de la Chasse et de la Pêche” and “Deputy Minister of Recreation, Fish and Game” are replaced respectively by the words “Minister of the Environment and Wildlife”, “Ministère de l’Environnement et de la Faune” and “Deputy Minister of the Environment and Wildlife”, wherever they appear in
(1)  (amendment integrated into c. A-29, s. 65);
(2)  (amendment integrated into c. D-13.1, s. 1);
(3)  (amendment integrated into c. E-20.1, s. 7);
(4)  (amendment integrated into c. F-4.1, s. 28.2);
(5)  (amendment integrated into c. P-7, s. 1);
(6)  (amendment integrated into c. P-8, ss. 1, 3, 5);
(7)  (amendment integrated into c. P-9, s. 1);
(8)  (amendment integrated into c. P-30.2, ss. 7, 19).
1994, c. 17, s. 76.
FINAL PROVISIONS
77. Unless the context indicates otherwise, in any other Act and in any regulation, by-law, order in council, ministerial order, proclamation, order, contract, agreement, accord or other document,
(1)  a reference to the Minister or Deputy Minister of the Environment or the Ministère de l’Environnement or to the Minister or Deputy Minister of Recreation, Fish and Game or the Ministère du Loisir, de la Chasse et de la Pêche is, according to the matter concerned, a reference to the Minister or Deputy Minister of the Environment and Wildlife or the Ministère de l’Environnement et de la Faune or to the Minister or Deputy Minister of Municipal Affairs or the Ministère des Affaires municipales;
(2)  a reference to the Act respecting the Ministère de l’Environnement (chapter M-15.2), the Act respecting the Ministère du Loisir, de la Chasse et de la Pêche (chapter M-30.1) or any provision thereof is, according to the matter concerned, a reference to this Act, the Act respecting the Ministère des Affaires municipales (chapter M-22.1) or the corresponding provision of either Act.
1994, c. 17, s. 77.
78. (Omitted).
1994, c. 17, s. 78.
REPEAL SCHEDULE
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter M-15.2.1 of the Revised Statutes, in force on 1 January 2007, is repealed effective from the coming into force of chapter M-30.001 of the Revised Statutes.