Q-2 - Environment Quality Act

Section 115.25 Disposition versions

2022-05-12

115.25. A monetary administrative penalty of $1,000 in the case of a natural person and $5,000 in any other case may be imposed on any person who

(1)  fails to notify the Minister without delay of an accidental release of a contaminant or hazardous material into the environment, as required under the first paragraph of section 21;

(2)  carries out a project, carries on an activity or does something without first obtaining the authorization, approval, certificate, attestation, accreditation or certification required under this Act, in particular under sections 22, 31.1, 31.51, 31.51.1, 31.54 and 118.6;

(3)  makes a change to the person’s project having one of the impacts provided for in section 30 or 31.7 on the authorized activities without first obtaining an amendment to the authorization concerned as required under those sections;

(4)  fails to comply with a condition, restriction or prohibition determined by the Government, a committee of ministers or the Minister under the second paragraph of section 31.0.5 or 31.0.12, sections 31.6 or 31.7.1 or the second paragraph of section 31.7.2;

(5)  fails to inform the Minister of a permanent cessation of a water withdrawal or to comply with the measures the Minister imposes, as required under section 31.83;

(6)  fails to carry out or to transmit to the Minister a characterization study, in contravention of this Act;

(6.1)  fails to submit a land rehabilitation plan for the Minister’s approval or to submit the documents that must accompany such a plan, in contravention of this Act;

(7)  fails to keep the facility concerned operating until the alternative measures approved by the Minister take effect, as required under the second paragraph of section 32.7;

(8)  sets up or operates premises referred to in the first paragraph of section 33 that are not equipped with an authorized water management or treatment facility or one that complies with that section;

(9)  imposes a different rate than the one imposed by the Minister, or imposes a rate before the date prescribed by the Minister in accordance with section 39;

(9.1)  fails to carry out any work determined under the second paragraph of section 46.0.5 to replace the payment of a financial contribution or fails to comply with any condition, restriction or prohibition prescribed under that provision;

(9.2)  carries on an activity prohibited by section 51.1;

(10)  fails to fulfill the obligations set out in the first or second paragraph of section 66 with respect to the deposit or discharge of residual materials; or

(11)  furnishes erroneous information or incomplete documents for the application of this Act or the regulations.

The penalty prescribed in the first paragraph may also be imposed on any person who fails to comply with a measure imposed by the Minister under the first paragraph of section 31.0.5 or section 31.24, 31.83 or 70.18.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 165; 2017, c. 14, s. 33; 2022, c. 8, s. 118.

2018-03-23

115.25. A monetary administrative penalty of $1,000 in the case of a natural person and $5,000 in any other case may be imposed on any person or municipality that

(1)  fails to notify the Minister without delay of an accidental release of a contaminant into the environment, as required under section 21;

(2)  carries out a project, carries on an activity or does something without first obtaining the authorization, approval, certificate, attestation, accreditation or certification required under this Act, in particular under sections 22, 31.0.5.1, 31.1 and 118.6;

(3)  makes a change referred to in section 30 or 31.7 with regard to an activity authorized by the Government or the Minister without first obtaining an amendment to the authorization concerned as required under those sections;

(4)  fails to comply with a condition, restriction or prohibition determined by the Government, a committee of ministers or the Minister under section 31.0.12, 31.6, 31.7.1 or the second paragraph of section 31.7.2;

(5)  fails to inform the Minister of a permanent cessation of a water withdrawal or to comply with the measures the Minister imposes, as required under section 31.83;

(6)  fails to carry out a characterization study or to submit a land rehabilitation plan together with the required documents for the Minister’s approval, as required by this Act;

(7)  fails to keep the facility concerned operating until the alternative measures approved by the Minister take effect, as required under the second paragraph of section 32.7;

(8)  sets up or operates premises referred to in the first paragraph of section 33 that are not equipped with an authorized water management or treatment facility or one that complies with that section;

(9)  imposes a different rate than the one imposed by the Minister, or imposes a rate before the date prescribed by the Minister in accordance with section 39;

(9.1)  fails to carry out any work determined under the second paragraph of section 46.0.5 to replace the payment of a financial contribution or fails to comply with any condition, restriction or prohibition prescribed under that provision; or

(10)  fails to fulfill the obligations set out in the first or second paragraph of section 66 with respect to the deposit or discharge of residual materials.

The penalty prescribed in the first paragraph may also be imposed on any person or municipality that fails to comply with a measure imposed by the Minister under section 31.0.5, 31.24, 31.83 or 70.18.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 165; 2017, c. 14, s. 33.

2013-06-14

115.25. A monetary administrative penalty of $1,000 in the case of a natural person and $5,000 in any other case may be imposed on any person or municipality that

(1)  fails to advise the Minister without delay, in accordance with section 21, of the accidental presence in the environment of a contaminant;

(2)  does something or carries on an activity without first obtaining the required approval, authorization, permission, attestation, permit or certificate, including the certificate of authorization required under section 22 or 31.1;

(3)  fails to comply with the contaminant discharge standards or the implementation requirements or schedule referred to in subparagraph 1 of the first paragraph of section 31.13, in accordance with subparagraph 1 of the first paragraph of section 31.23;

(4)  fails to inform the Minister, as soon as possible, of the permanent cessation of a water withdrawal or to comply with the measures the Minister imposes to prevent or remedy environmental damage or interference with the rights of other users, in accordance with the second paragraph of section 31.83;

(5)  imposes or changes water or sewage rates without first submitting them to the Minister for approval, in accordance with section 32.9, or collects taxes, duties or dues for the purposes of a waterworks or sewer system in contravention of section 39;

(6)  fails to carry out a site characterization study or submit or file a land rehabilitation plan and an implementation schedule, plans and specifications or an attestation of environmental conformity as required by this Act;

(7)  fails to fulfill the obligations set out in section 66 with respect to the deposit or discharge of residual materials;

(8)  fails to notify the Minister, within the time prescribed, of the cessation of all or some of the person’s or the municipality’s activities or to comply with the decontamination measures indicated by the Minister, in accordance with the second paragraph of section 70.18;

(9)  begins work on a project requiring an attestation of environmental conformity before the time period specified in section 95.3 has expired;

(10)  fails to comply with the decontamination measures required under this Act.

2011, c. 20, s. 26; 2013, c. 16, s. 199.

2012-02-01

115.25. A monetary administrative penalty of $1,000 in the case of a natural person and $5,000 in the case of a legal person may be imposed on any person or municipality that

(1)  fails to advise the Minister without delay, in accordance with section 21, of the accidental presence in the environment of a contaminant;

(2)  does something or carries on an activity without first obtaining the required approval, authorization, permission, attestation, permit or certificate, including the certificate of authorization required under section 22 or 31.1;

(3)  fails to comply with the contaminant discharge standards or the implementation requirements or schedule referred to in subparagraph 1 of the first paragraph of section 31.13, in accordance with subparagraph 1 of the first paragraph of section 31.23;

(4)  fails to inform the Minister, as soon as possible, of the permanent cessation of a water withdrawal or to comply with the measures the Minister imposes to prevent or remedy environmental damage or interference with the rights of other users, in accordance with the second paragraph of section 31.83;

(5)  imposes or changes water or sewage rates without first submitting them to the Minister for approval, in accordance with section 32.9, or collects taxes, duties or dues for the purposes of a waterworks or sewer system in contravention of section 39;

(6)  fails to carry out a site characterization study or submit or file a land rehabilitation plan and an implementation schedule, plans and specifications or an attestation of environmental conformity as required by this Act;

(7)  fails to fulfill the obligations set out in section 66 with respect to the deposit or discharge of residual materials;

(8)  fails to notify the Minister, within the time prescribed, of the cessation of all or some of the person’s or the municipality’s activities or to comply with the decontamination measures indicated by the Minister, in accordance with the second paragraph of section 70.18;

(9)  begins work on a project requiring an attestation of environmental conformity before the time period specified in section 95.3 has expired;

(10)  fails to comply with the decontamination measures required under this Act.

2011, c. 20, s. 26.