M-30.001, r. 1 - Terms and conditions for the signing of certain documents of the Ministère du Développement durable, de l’Environnement et des Parcs

Updated to 5 October 2016

This document has official status.

chapter M-30.001, r. 1

Terms and conditions for the signing of certain documents of the Ministère du Développement durable, de l’Environnement et des Parcs

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

(chapter M-30.001, s. 7).

1. Subject to the other conditions of validity that may be prescribed by law, the documents listed hereinafter that are signed by the officers or holders of positions at the Ministère du Développement durable, de l’Environnement et des Parcs and authorized to sign them under these provisions are binding on the Minister and may be attributed to him or her as though the Minister signed them personnally.

The same applies where those documents are signed by a person authorized in writing to temporalily replace such an officer or holder of a position.

O.C. 711-2002, s. 1.

2. The assistant deputy ministers, directors general, the secretary general, directors and regional directors and assistant directors are authorized to sign any document respecting

(1)  the issue and renewal of any certificate, authorization, permit, approval and permission referred to in sections 22, 31.75, 32, 32.1, 32.2, 32.7, 32.9, 33, 48, 53.7, 53.8, 54, 55, 65, the first paragraph of section 70.8, sections 70.11, 70.12 and 116.2 of the Environment Quality Act (chapter Q-2) and in any regulation made under paragraph d of section 87 or paragraph a of section 92 of that Act;

(2)  the transfer of any certificate of authorization provided for in the second paragraph of section 24 and of any permit provided for in section 70.17 of that Act;

(3)  the nature, the scope and the extent of the environmental impact assessment statement that the proponent must prepare under section 31.2 of that Act;

(4)  the transfer of any permit provided for in section 32.4 of that Act;

(5)  the information and documents required under subparagraph 6 of the first paragraph of section 31.23 and sections 31.82, 68.1, 70.5 and 70.6, the second paragraph of section 70.8 and section 70.10 of that Act;

(6)  the notices of the Minister provided for in sections 31.15.1, 31.15.2, 31.18, 31.21.1, subparagraph 3 of the third paragraph of section 31.25 and sections 53.17, 53.20 and 53.21 of that Act;

(7)  the decisions of the Minister provided for in section 31.19 of that Act;

(8)  the issue of a depollution attestation provided for in sections 31.22 and 31.28 of that Act;

(8.1)  the issue of an approval to which applies section 31.46 of that Act, the refusal to issue the approval and any other decision made under that section;

(9)  the measures to be taken to clean, collect or contain contaminants that are or that are likely to be emitted, deposited, discharged or ejected into the environment or to prevent their being emitted, deposited, discharged or ejected into the environment, in accordance with the provisions of the first paragraph of section 115.1 of that Act;

(10)  the issue of any authorization provided for in section 18 of the Act respecting threatened or vulnerable species (chapter E-12.01);

(11)  the issue and renewal of any permit provided for in section 2 of the Act respecting the sale and distribution of beer and soft drinks in non-returnable containers (chapter V-5.001);

(12)  the issue of any permit, certificate or attestation provided for in sections 34, 40, 50 and 125 of the Pesticides Act (chapter P-9.3) and their renewal or transfer provided for in sections 39, 43 and 55 of that Act;

(13)  the exercise of the rights and powers provided for in section 13.1 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001);

(13.1)  the placing at the disposal of Hydro-Québec immovables or water powers under section 32 of the Hydro-Québec Act (chapter H-5);

(14)  the issue of any authorization granted under sections 34 and 48 of the Natural Heritage Conservation Act (chapter C-61.01);

(15)  any information or document required for the purposes of section 56 of the Natural Heritage Conservation Act, the registration of an agreement or its amendments entered into for the purposes of sections 59 and 62, the application for cancellation of a registration provided for in section 65 and the publication of the notices provided for in sections 58 and 65 of that Act;

(16)  the notice of taking of possession provided for in section 62 of the Act respecting the lands in the public domain (chapter T-8.1);

(17)  the amendment or revocation of any of the documents indicated in this section, where the amendment or revocation has been requested by the holder; and

(18)  the refusal to issue any of the documents indicated in this section.

O.C. 711-2002, s. 2; O.C. 704-2014, s. 1; O.C. 827-2016, s. 1.

2.1. The assistant deputy ministers are authorized to sign any document respecting

(1)  the entry of the name of a person on the list of experts provided for in section 31.65 of the Environment Quality Act (chapter Q-2), the refusal to enter the name of a person on the list or the withdrawal of the name of a person from the list;

(2)  the issue of an accreditation provided for in section 118.6 of that Act, the refusal to issue the accreditation or the suspension of such an accreditation.

O.C. 827-2016, s. 2.

3. The assistant deputy ministers and the director in charge of dam safety are authorized to sign any document respecting

(1)  the issue of an authorization provided for in section 5 of the Dam Safety Act (chapter S-3.1.01) or the refusal to issue the authorization;

(2)  information, documents, studies or expert opinions required for the purposes of sections 7 and 30 of that Act;

(3)  the issue of the approval provided for in section 9 of that Act or the refusal to issue the approval;

(4)  classification notices and decisions provided for in section 14 of that Act;

(5)  the issue of the approval provided for in section 17 of that Act, the refusal to issue the approval and any other decision made under that section;

(6)  the measures taken under section 18 of that Act;

(7)  the issue of the approval provided for in section 23 of that Act, the refusal to issue the approval and any decision made under section 25 of that Act.

O.C. 711-2002, s. 3; O.C. 827-2016, s. 3.

4. Assistant deputy ministers, directors general and the secretary general are authorized to sign any agreement.

Directors, regional directors and assistant directors are authorized to sign agreements of a local or regional nature or of a technical nature, except agreements conferring upon a municipality the application of all or part of an Act under the jurisdiction of the Minister.

This section applies neither to the amendments made to an agreement entered into for the purposes of section 61 of the Natural Heritage Conservation Act nor to the decision of the Minister made for the purposes of section 63 of that Act to withdraw the recognition of a private property as a nature reserve.

O.C. 711-2002, s. 4; O.C. 827-2016, s. 4.

5. Assistant deputy ministers, directors general and the secretary general are authorized to sign loan contracts, sponsorship contracts and credit agreements.

O.C. 711-2002, s. 5; O.C. 827-2016, s. 5.

6. Assistant deputy ministers, directors general, the secretary general, directors, regional directors and assistant directors are authorized to sign

(1)  contracts for the acquisition or leasing of immovable property;

(2)  contracts for the purchase or leasing of movable property;

(3)  services contracts;

(4)  construction contracts;

(5)  concession or authorization contracts;

(6)  contracts relating to a servitude;

(7)  research contracts;

(8)  documents relating to grants, except for the document awarding the grant; and

(9)  the certificates that the Minister may issue in accordance with the Taxation Act (chapter I-3).

O.C. 711-2002, s. 6; O.C. 827-2016, s. 4.

7. Service heads, division heads and project managers are authorized to sign

(1)  services contracts;

(2)  contracts for the purchase or leasing of movable property; and

(3)  construction contracts.

O.C. 711-2002, s. 7.

8. The Minister’s signature may be affixed by means of an automatic device on

(1)  any certificate attesting to the capacity of a person to act as an inspector of plant life under section 28 of the Act respecting threatened or vulnerable species, to act as an inspector under section 79 of the Pesticides Act, to act under section 84 of the Watercourses Act, to act under sections 119, 119.1, 120 and 120.1 of the Environment Quality Act or to act as an inspector under section 66 of the Natural Heritage Conservation Act;

(2)  any document authorizing a person to be in an ecological reserve or to carry out therein an activity authorized by the Minister under sections 34 and 48 of the Natural Heritage Conservation Act;

(3)  acknowledgements of receipt and form letters from the department; and

(4)  letters by which the Minister communicates with various agencies governed by the laws and regulations that the Minister is responsible for administering, other than letters relating to a financial commitment.

O.C. 711-2002, s. 8.

9. Assistant deputy ministers, directors general, the secretary general and general director of the Direction générale des services à la gestion, the director for institutional matters, regional directors and assistant directors are authorized to certify documents and copies of documents originating from the department or forming part of its records.

O.C. 711-2002, s. 9.

REFERENCES

O.C. 711-2002, 2002 G.O. 2, 3243

O.C. 704-2014, 2014 G.O. 2, 1628

O.C. 827-2016, 2016 G.O. 2, 3738