Q-2, r. 37 - Land Protection and Rehabilitation Regulation

Full text
1. The limit values prescribed in Schedule I with regard to the contaminants listed in the Schedule apply for the purposes of sections 31.43, 31.45, 31.49, 31.51, 31.52, 31.54, 31.55, 31.57, 31.58 and 31.59 of the Environment Quality Act (chapter Q-2), subject to the following provisions.
In the case of lands referred to below, the applicable limit values are those indicated in Schedule II:
(1)  for the purposes of sections 31.43, 31.45, 31.49, 31.52, 31.54, 31.55, 31.57 and 31.59,
(a)  lands on which, under a municipal zoning by-law, industrial, commercial or institutional uses are authorized, except lands
i.  where totally or partially residential buildings are built;
ii.  where elementary-level and secondary-level educational institutions, childcare centres, day care centres, hospital centres, residential and long-term care centres, rehabilitation centres, child and youth protection centres, or correctional facilities are built;
(b)  lands constituting, or intended to constitute, the site of a roadway within the meaning of the Highway Safety Code (chapter C-24.2) or a sidewalk bordering a roadway, a bicycle path or a municipal park, except play areas for which the limit values prescribed in Schedule I remain applicable for a depth of at least 1 m; and
(2)  for the purposes of section 31.51, lands on which, under a municipal zoning by-law, only industrial, commercial or institutional uses are authorized, except the lands referred to in subparagraph ii above.
In addition, where a contaminant referred to in Part I (metals and metalloids) of Schedule I or Shedule II is present in land in a concentration exceeding the limit value prescribed in that Schedule, and the contaminant does not originate from human activity, that concentration constitutes, for the purposes of sections 31.51, 31.52, 31.54, 31.55, 31.57, 31.58 and 31.59 of the Environment Quality Act, the limit value applicable for that contaminant.
O.C. 216-2003, s. 1; O.C. 1294-2011, s. 1.