Q-2 - Environment Quality Act

Section 114 Disposition versions

2022-05-12

114. If a person does not comply with this Act or the regulations, or with an authorization, order, approval, certificate, attestation, accreditation or certification issued under them, in particular by doing work, erecting structures or works or carrying on other activities in contravention of any of them, the Minister may, on the conditions the Minister determines, order the person and any owner, lessee or person in charge of a site concerned by the contravention to remedy the situation by doing one or more of the following:

(1)  cease, modify or limit the activity concerned, to the extent determined by the Minister;

(2)  reduce or cease the release of contaminants into the environment, and install or use any equipment or apparatus required for that purpose;

(3)  demolish all or part of the work, structures or works concerned;

(4)  restore all or part of the site to the state it was in before the work or other activities began or the structures or works were erected, or to a state approaching its original state;

(4.1)  characterize and rehabilitate a land;

(5)  implement compensatory measures; or

(6)  take any other measure the Minister considers necessary to remedy the situation.

The Minister may also, if of the opinion that it is necessary to ensure supervision of environmental quality, order the owner or lessee of a site where a source of contamination is located, or anyone else who is responsible for the site, to install, within the time and at the place designated by the Minister, any class or type of equipment or apparatus for measuring the concentration, quality or quantity of any contaminant, and oblige whoever is responsible to send the data collected in the manner and form determined by the Minister.

In addition, the Minister may order the owner or lessee of a site where a source of contamination is located, or anyone else who is responsible for the site, to install, within the time and at the place designated by the Minister, any works the Minister considers necessary to carry out sampling and analysis of any source of contamination or to install any equipment or apparatus described in the preceding paragraph, and require the owner, lessee or whoever is responsible for the site to send the data collected in the manner and form determined by the Minister.

Any person who, as owner or lessee or in any other capacity, has custody of land in respect of which an order has been issued must give free access to the land at any reasonable time to any person accessing it or carrying out work on it, subject, however, to that person restoring the site to its former state and compensating the owner or custodian of the land, as the case may be, for any damage sustained.

The person subject to the order must also apply for the registration of a notice of land use restriction in the land register in the following cases:

(1)  the order provides for land use restrictions; and

(2)  a restoration plan sent in compliance with a measure ordered under the first paragraph provides for land use restrictions.

Section 31.47 applies to the fifth paragraph, with the necessary modifications.

1972, c. 49, s. 114; 1979, c. 49, s. 33; 1988, c. 49, s. 27; 2005, c. 50, s. 77; 2011, c. 20, s. 20; 2017, c. 4, s. 141; 2022, c. 8, s. 110.

2018-03-23

114. If a person or municipality does not comply with this Act or the regulations, or with an authorization, order, approval, certificate, attestation, accreditation or certification issued under them, in particular by doing work, erecting structures or works or carrying on other activities in contravention of any of them, the Minister may, on the conditions the Minister determines, order the person or municipality to remedy the situation by doing one or more of the following:

(1)  cease, modify or limit the activity concerned, to the extent determined by the Minister;

(2)  reduce or cease the release of contaminants into the environment, and install or use any equipment or apparatus required for that purpose;

(3)  demolish all or part of the work, structures or works concerned;

(4)  restore all or part of the site to the state it was in before the work or other activities began or the structures or works were erected, or to a state approaching its original state;

(5)  implement compensatory measures; or

(6)  take any other measure the Minister considers necessary to remedy the situation.

The Minister may also, if of the opinion that it is necessary to ensure supervision of environmental quality, order the owner or lessee of a site where a source of contamination is located, or anyone else who is responsible for the site, to install, within the time and at the place designated by the Minister, any class or type of equipment or apparatus for measuring the concentration, quality or quantity of any contaminant, and oblige whoever is responsible to send the data collected in the manner and form determined by the Minister.

In addition, the Minister may order the owner or lessee of a site where a source of contamination is located, or anyone else who is responsible for the site, to install, within the time and at the place designated by the Minister, any works the Minister considers necessary to carry out sampling and analysis of any source of contamination or to install any equipment or apparatus described in the preceding paragraph, and require the owner, lessee or whoever is responsible for the site to send the data collected in the manner and form determined by the Minister.

1972, c. 49, s. 114; 1979, c. 49, s. 33; 1988, c. 49, s. 27; 2005, c. 50, s. 77; 2011, c. 20, s. 20; 2017, c. 4, s. 141.

2011-11-04

114. If work is done or constructions or works are erected in contravention of this Act or the regulations or of an order, approval, authorization, permission, attestation, certificate or permit, the Minister may order one or more of the following measures, granting priority, after evaluation, to those which the Minister deems best for the protection of the environment:

(1)  the demolition of the work, constructions or works;

(2)  the restoration of the site to the state it was in before the work began or the constructions or works were erected or to a state approaching its original state;

(3)  the implementation of compensatory measures.

In the event of non-compliance with an order issued under the first paragraph, the costs that the Minister, when exercising the powers granted under section 113, incurs to demolish a work or construction, restore a site or implement compensatory measures, constitute a prior claim on the immovable, of the same nature and with the same rank as the claims described in paragraph 5 of article 2651 of the Civil Code.

1972, c. 49, s. 114; 1979, c. 49, s. 33; 1988, c. 49, s. 27; 2005, c. 50, s. 77; 2011, c. 20, s. 20.

2006-01-01

114. The Minister may order the demolition of any works done by anyone in contravention of this Act or the regulations made thereunder, or contrary to an order he has issued or a certificate of approval or of authorization.

When the one contemplated by such order refuses or neglects to give effect to it, the Minister may present a motion to a judge of the Superior Court to have the works demolished to put the things in the condition they were in before the works began. Sections 231 to 233 of the Act respecting land use planning and development (chapter A‐19.1) and sections 57 and 58 of the Municipal Powers Act (chapter C‐47.1) apply with the necessary modifications to such motion.

1972, c. 49, s. 114; 1979, c. 49, s. 33; 1988, c. 49, s. 27; 2005, c. 50, s. 77.

1989-02-22

114. The Minister may order the demolition of any works done by anyone in contravention of this Act or the regulations made thereunder, or contrary to an order he has issued or a certificate of approval or of authorization.

When the one contemplated by such order refuses or neglects to give effect to it, the Minister may present a motion to a judge of the Superior Court to have the works demolished to put the things in the condition they were in before the works began. Sections 80 to 82 apply with the necessary modifications to such motion.

1972, c. 49, s. 114; 1979, c. 49, s. 33; 1988, c. 49, s. 27.

1980-04-01

114. The Minister may order the demolition of any works done by anyone in contravention of this act or the regulations made thereunder, or contrary to an order he has issued, an order of the Deputy Minister or a certificate of approval or of authorization.

When the one contemplated by such order refuses or neglects to give effect to it, the Minister may present a motion to a judge of the Superior Court to have the works demolished to put the things in the condition they were in before the works began. Sections 80 to 82 apply mutatismutandis to such motion.

1972, c. 49, s. 114; 1979, c. 49, s. 33.

1977-12-31

114. The Minister may order the demolition of any works done by anyone in contravention of this act or the regulations made thereunder, or contrary to an order he has issued, an order of the Director or a certificate of approval or of authorization.

When the one contemplated by such order refuses or neglects to give effect to it, the Minister may present a motion to a judge of the Superior Court to have the works demolished to put the things in the condition they were in before the works began. Sections 80 to 82 apply mutatismutandis to such motion.

1972, c. 49, s. 114.