Q-2 - Environment Quality Act

Section 115.26 Disposition versions

2022-05-12

115.26. A monetary administrative penalty of $2,000 in the case of a natural person and $10,000 in any other case may be imposed on any person who

(1)  releases or permits the release of a contaminant into the environment in a quantity or concentration exceeding that determined under this Act, in particular under section 25, 26 or 31.37, contrary to the first paragraph of section 20;

(2)  contravenes the prohibition in the second paragraph of section 20 against the release of any contaminant whose presence in the environment is likely to adversely affect the life, health, safety, welfare or comfort of human beings, or to cause damage to or otherwise impair the quality of the environment, ecosystems, living species or property;

(3)  is responsible for the accidental release of a hazardous material or a contaminant into the environment and fails to stop the release as required under subparagraph 1 of the second paragraph of section 21;

(3.1)  is responsible for the accidental release of a contaminant into the environment and fails to recover, clean or treat in situ the matter contaminated by the release, or to remove the contaminated matter from the area affected by the release and ship it to an authorized site, as required under subparagraph 2 of the second paragraph of section 21;

(4)  has custody of land in which contaminants are found and fails to notify the owner of the neighbouring land of their presence or to send a copy of the notice to the Minister, in the cases and on the conditions set out in section 31.52;

(5)  contravenes the prohibition in section 31.90 or 31.105 against transferring water;

(6)  fails to take water samples as required under section 45.1 and to forward them to an accredited laboratory;

(7)  fails to take the measures prescribed by the Minister in accordance with an emergency plan formulated under section 49 in case of air pollution;

(7.1)  has, on its own initiative, contrary to what is prescribed in section 53.31.0.2, developed or implemented in whole or in part a system for selective collection of certain residual materials if the development, implementation and financing of such a system are conferred, by a regulation made under subparagraph b of subparagraph 6 of the first paragraph of section 53.30 and under section 53.30.1, on persons determined by the regulation;

(8)  conducts the study required under section 65 but fails to notify the owner of the neighbouring land or to send a copy of the notice to the Minister, in the cases and on the conditions set out in section 65.3;

(9)  is responsible for an accidental release of hazardous materials into the environment and fails to

(a)  recover them and remove all contaminated matter that is not cleaned or treated in situ, as required under section 70.5.1; or

(b)  notify the owner of the neighbouring land or send a copy of the notice to the Minister, in the cases and on the conditions set out in section 70.5.3;

(10)  fails to comply with an order imposed under this Act, or in any way prevents or hinders its enforcement;

(11)  carries out a project, carries on or pursues an activity or does something even though

(a)  the issue or renewal of the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been refused; or

(b)  the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been suspended or revoked; or

(12)  carries on an activity or does something that contravenes a decision the Government or the Minister renders in his or its regard under this Act.

In addition, the penalty provided for in the first paragraph may be imposed on any municipality that does not prohibit access, in accordance with section 83, to any bathing place considered to be a danger to health.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 166; 2021, c. 5, s. 9; 2022, c. 8, s. 119.

2021-03-17

115.26. A monetary administrative penalty of $2,000 in the case of a natural person and $10,000 in any other case may be imposed on any person or municipality that

(1)  releases or permits the release of a contaminant into the environment in a quantity or concentration exceeding that determined under this Act, in particular under section 25, 26 or 31.37, contrary to the first paragraph of section 20;

(2)  contravenes the prohibition in the second paragraph of section 20 against the release of any contaminant whose presence in the environment is likely to adversely affect the life, health, safety, welfare or comfort of human beings, or to cause damage to or otherwise impair the quality of the environment, ecosystems, living species or property;

(3)  is responsible for an accidental release of contaminants into the environment and fails to stop it as required under section 21;

(4)  has custody of land in which contaminants are found and fails to notify the owner of the neighbouring land of their presence or to send a copy of the notice to the Minister, in the cases and on the conditions set out in section 31.52;

(5)  contravenes the prohibition in section 31.90 or 31.105 against transferring water;

(6)  fails to take water samples as required under section 45.1 and to forward them to an accredited laboratory;

(7)  fails to take the measures prescribed by the Minister in accordance with an emergency plan formulated under section 49 in case of air pollution;

(7.1)  has, on its own initiative, contrary to what is prescribed in section 53.31.0.2, developed or implemented in whole or in part a system for selective collection of certain residual materials if the development, implementation and financing of such a system are conferred, by a regulation made under subparagraph b of subparagraph 6 of the first paragraph of section 53.30 and under section 53.30.1, on persons determined by the regulation;

(8)  conducts the study required under section 65 but fails to notify the owner of the neighbouring land or to send a copy of the notice to the Minister, in the cases and on the conditions set out in section 65.3;

(9)  is responsible for an accidental release of hazardous materials into the environment and fails to

(a)  recover them, as required under section 70.5.1; or

(b)  notify the owner of the neighbouring land or send a copy of the notice to the Minister, in the cases and on the conditions set out in section 70.5.3;

(10)  fails to comply with an order imposed under this Act, or in any way prevents or hinders its enforcement;

(11)  carries out a project, carries on or pursues an activity or does something even though

(a)  the issue or renewal of the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been refused; or

(b)  the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been suspended or revoked; or

(12)  carries on an activity or does something that contravenes a decision the Government or the Minister renders in his or its regard under this Act.

In addition, the penalty provided for in the first paragraph may be imposed on any municipality that does not prohibit access, in accordance with section 83, to any bathing place considered to be a danger to health.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 166; 2021, c. 5, s. 9.

2018-03-23

115.26. A monetary administrative penalty of $2,000 in the case of a natural person and $10,000 in any other case may be imposed on any person or municipality that

(1)  releases or permits the release of a contaminant into the environment in a quantity or concentration exceeding that determined under this Act, in particular under section 25, 26 or 31.37, contrary to the first paragraph of section 20;

(2)  contravenes the prohibition in the second paragraph of section 20 against the release of any contaminant whose presence in the environment is likely to adversely affect the life, health, safety, welfare or comfort of human beings, or to cause damage to or otherwise impair the quality of the environment, ecosystems, living species or property;

(3)  is responsible for an accidental release of contaminants into the environment and fails to stop it as required under section 21;

(4)  has custody of land in which contaminants are found and fails to notify the owner of the neighbouring land of their presence or to send a copy of the notice to the Minister, in the cases and on the conditions set out in section 31.52;

(5)  contravenes the prohibition in section 31.90 or 31.105 against transferring water;

(6)  fails to take water samples as required under section 45.1 and to forward them to an accredited laboratory;

(7)  fails to take the measures prescribed by the Minister in accordance with an emergency plan formulated under section 49 in case of air pollution;

(8)  conducts the study required under section 65 but fails to notify the owner of the neighbouring land or to send a copy of the notice to the Minister, in the cases and on the conditions set out in section 65.3;

(9)  is responsible for an accidental release of hazardous materials into the environment and fails to

(a)  recover them, as required under section 70.5.1; or

(b)  notify the owner of the neighbouring land or send a copy of the notice to the Minister, in the cases and on the conditions set out in section 70.5.3;

(10)  fails to comply with an order imposed under this Act, or in any way prevents or hinders its enforcement;

(11)  carries out a project, carries on or pursues an activity or does something even though

(a)  the issue or renewal of the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been refused; or

(b)  the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been suspended or revoked; or

(12)  carries on an activity or does something that contravenes a decision the Government or the Minister renders in his or its regard under this Act.

In addition, the penalty provided for in the first paragraph may be imposed on any municipality that does not prohibit access, in accordance with section 83, to any bathing place considered to be a danger to health.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 166.

2013-06-14

115.26. A monetary administrative penalty of $2,000 in the case of a natural person and $10,000 in any other case may be imposed on any person or municipality that

(1)  contravenes the prohibition in the second paragraph of section 20 against the emission, deposit, issuance or discharge of any contaminant whose presence in the environment is likely to affect the life, health, safety, welfare or comfort of human beings, or to cause damage to or otherwise impair the quality of the soil, vegetation, wildlife or property;

(2)  fails to advise the Minister, in the prescribed time, of the accidental occurrence in the environment of a contaminant or to take all necessary measures to minimize the effects and eliminate or prevent the causes, in accordance with subparagraph 3 of the first paragraph of section 31.23;

(3)  has custody of land in which contaminants are found and fails to notify the owner of the neighbouring land and the Minister of the presence of contaminants, in the cases and under the conditions set out in section 31.52;

(4)  makes a water withdrawal in contravention of an order under subparagraph 2 of the first paragraph of section 31.86;

(5)  contravenes the prohibition to transfer water set out in section 31.90 or 31.105;

(6)  fails to take water samples as prescribed by section 45.1 and to forward them to an accredited laboratory;

(7)  fails to take the measures prescribed by an emergency plan formulated by the Minister under section 49 in case of air pollution;

(8)  does something or carries on an activity that contravenes a decision rendered by the Government or the Minister under this Act;

(9)  refuses or fails to comply with an order imposed under this Act or in any way prevents or hinders its execution;

(10)  does something or carries on or pursues an activity or operation when the approval, authorization, permission, attestation, certificate or permit required under this Act or the regulations has been refused, suspended or revoked, or has been the object of a denial of conformity by the Government or the Minister under this Act.

In addition, the penalty provided for in the first paragraph may be imposed on any municipality that does not prohibit access, in accordance with section 83, to any bathing place considered to be a danger to health.

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

2012-02-01

115.26. A monetary administrative penalty of $2,000 in the case of a natural person and $10,000 in the case of a legal person may be imposed on any person or municipality that

(1)  contravenes the prohibition in the second paragraph of section 20 against the emission, deposit, issuance or discharge of any contaminant whose presence in the environment is likely to affect the life, health, safety, welfare or comfort of human beings, or to cause damage to or otherwise impair the quality of the soil, vegetation, wildlife or property;

(2)  fails to advise the Minister, in the prescribed time, of the accidental occurrence in the environment of a contaminant or to take all necessary measures to minimize the effects and eliminate or prevent the causes, in accordance with subparagraph 3 of the first paragraph of section 31.23;

(3)  has custody of land in which contaminants are found and fails to notify the owner of the neighbouring land and the Minister of the presence of contaminants, in the cases and under the conditions set out in section 31.52;

(4)  makes a water withdrawal in contravention of an order under subparagraph 2 of the first paragraph of section 31.86;

(5)  contravenes the prohibition to transfer water set out in section 31.90 or 31.105;

(6)  fails to take water samples as prescribed by section 45.1 and to forward them to an accredited laboratory;

(7)  fails to take the measures prescribed by an emergency plan formulated by the Minister under section 49 in case of air pollution;

(8)  does something or carries on an activity that contravenes a decision rendered by the Government or the Minister under this Act;

(9)  refuses or fails to comply with an order imposed under this Act or in any way prevents or hinders its execution;

(10)  does something or carries on or pursues an activity or operation when the approval, authorization, permission, attestation, certificate or permit required under this Act or the regulations has been refused, suspended or revoked, or has been the object of a denial of conformity by the Government or the Minister under this Act.

In addition, the penalty provided for in the first paragraph may be imposed on any municipality that does not prohibit access, in accordance with section 83, to any bathing place considered to be a danger to health.

2011, c. 20, s. 26.