Q-2 - Environment Quality Act

Full text
53.9. Each management plan must
(1)  describe the territory to which it applies;
(2)  identify the local municipalities covered by the plan and the intermunicipal residual materials management agreements that apply in all or part of the territory;
(3)  list the organizations and enterprises in the territory that engage in residual materials recovery, reclamation or elimination;
(4)  contain an inventory of residual materials produced in the territory, whether they are of domestic, industrial, commercial, institutional or other origin, and list them by type;
(5)  contain a statement of policies and of objectives to be attained, which must be compatible with the government policy enacted pursuant to section 53.4, that concern the recovery, reclamation and elimination of residual materials, and describe the services to be offered to attain the objectives;
(6)  list any recovery, reclamation or elimination facilities existing in the territory and any new facilities required in order to attain the above objectives, and mention any possibility of using facilities located outside the territory;
(7)  formulate a proposal for the implementation of the plan that encourages public participation and the cooperation of organizations and enterprises engaging in residual materials management;
(8)  establish a budgetary forecast and a timetable for the implementation of the plan;
(9)  establish a system to supervise and monitor the plan for the purpose of periodically verifying its application, in particular the degree to which the objectives fixed have been attained and the effectiveness of the implementation measures taken by the regional municipality or local municipalities, as the case may be, covered by the plan.
Where a regional municipality intends to restrict or prohibit the dumping or incineration in its territory of residual materials from outside the territory, it must state that intention in the plan and where a limit is set, indicate the quantities applicable to the residual materials concerned.
For the purposes of subparagraph 1 of the first paragraph,
(1)  in the case of a regional county municipality whose territory is situated partly within the territory of the Communauté métropolitaine de Montréal or the Communauté métropolitaine de Québec, the territory to which the plan applies does not include the part of the territory of the regional county municipality situated within the territory of the Community ;
(2)  the territory to which the plan of the Communauté métropolitaine de Québec applies does not include the territory of Ville de Lévis.
However, a regional county municipality and a metropolitan community referred to in subparagraph 1 of the third paragraph may agree
(1)  that the territory to which the regional county municipality’s plan applies includes the territory of one or more local municipalities that is part of the territory of the regional county municipality and of the territory of the metropolitan community ;
(2)  that the territory to which the metropolitan community’s plan applies includes the territory of all or part of the local municipalities and unorganized territories that is part of the territory of the regional county municipality.
A regional county municipality referred to in subparagraph 1 of the third paragraph is exempt from the requirement to establish a residual materials management plan where, as a result of an agreement entered into pursuant to the second paragraph of section 53.7 or subparagraph 2 of the fourth paragraph of this section, all its territory is covered by the management plan of another regional county municipality or that of a metropolitan community.
1999, c. 75, s. 13; 2000, c. 34, s. 242; 2001, c. 68, s. 79; 2000, c. 56, s. 192; 2017, c. 4, s. 90.
53.9. Each management plan must
(1)  describe the territory to which it applies;
(2)  identify the local municipalities covered by the plan and the intermunicipal residual materials management agreements that apply in all or part of the territory;
(3)  list the organizations and enterprises in the territory that engage in residual materials recovery, reclamation or elimination;
(4)  contain an inventory of residual materials produced in the territory, whether they are of domestic, industrial, commercial, institutional or other origin, and list them by type;
(5)  contain a statement of policies and of objectives to be attained, which must be compatible with the government policy enacted pursuant to section 53.4, that concern the recovery, reclamation and elimination of residual materials, and describe the services to be offered to attain the objectives;
(6)  list any recovery, reclamation or elimination facilities existing in the territory and any new facilities required in order to attain the above objectives, and mention any possibility of using facilities located outside the territory;
(7)  formulate a proposal for the implementation of the plan that encourages public participation and the cooperation of organizations and enterprises engaging in residual materials management;
(8)  establish a budgetary forecast and a timetable for the implementation of the plan;
(9)  establish a system to supervise and monitor the plan for the purpose of periodically verifying its application, in particular the degree to which the objectives fixed have been attained and the effectiveness of the implementation measures taken by the regional municipality or local municipalities, as the case may be, covered by the plan.
Where a regional municipality intends to restrict or prohibit the dumping or incineration in its territory of residual materials from outside the territory, it must state that intention in the plan and where a limit is set, indicate the quantities applicable to the residual materials concerned.
For the purposes of subparagraph 1 of the first paragraph,
(1)  in the case of a regional county municipality whose territory is situated partly within the territory of the Communauté métropolitaine de Montréal or the Communauté métropolitaine de Québec, the territory to which the plan applies does not include the part of the territory of the regional county municipality situated within the territory of the Community ;
(2)  the territory to which the plan of the Communauté métropolitaine de Québec applies does not include the territory of Ville de Lévis.
However, a regional county municipality and a metropolitan community referred to in subparagraph 1 of the third paragraph may agree
(1)  that the territory to which the regional county municipality’s plan applies includes the territory of one or more local municipalities that is part of the territory of the regional county municipality and of the territory of the metropolitan community ;
(2)  that the territory to which the metropolitan community’s plan applies includes the territory of all or part of the local municipalities and unorganized territories that is part of the territory of the regional county municipality.
A regional county municipality referred to in subparagraph 1 of the third paragraph is exempt from the requirement to establish a residual materials management plan where, as a result of an agreement entered into pursuant to the third paragraph of section 53.7 or subparagraph 2 of the fourth paragraph of this section, all its territory is covered by the management plan of another regional county municipality or that of a metropolitan community.
1999, c. 75, s. 13; 2000, c. 34, s. 242; 2001, c. 68, s. 79; 2000, c. 56, s. 192.
53.9. Each management plan must
(1)  describe the territory to which it applies;
(2)  identify the local municipalities covered by the plan and the intermunicipal residual materials management agreements that apply in all or part of the territory;
(3)  list the organizations and enterprises in the territory that engage in residual materials recovery, reclamation or elimination;
(4)  contain an inventory of residual materials produced in the territory, whether they are of domestic, industrial, commercial, institutional or other origin, and list them by type;
(5)  contain a statement of policies and of objectives to be attained, which must be compatible with the government policy enacted pursuant to section 53.4, that concern the recovery, reclamation and elimination of residual materials, and describe the services to be offered to attain the objectives;
(6)  list any recovery, reclamation or elimination facilities existing in the territory and any new facilities required in order to attain the above objectives, and mention any possibility of using facilities located outside the territory;
(7)  formulate a proposal for the implementation of the plan that encourages public participation and the cooperation of organizations and enterprises engaging in residual materials management;
(8)  establish a budgetary forecast and a timetable for the implementation of the plan;
(9)  establish a system to supervise and monitor the plan for the purpose of periodically verifying its application, in particular the degree to which the objectives fixed have been attained and the effectiveness of the implementation measures taken by the regional municipality or local municipalities, as the case may be, covered by the plan.
Where a regional municipality intends to restrict or prohibit the dumping or incineration in its territory of residual materials from outside the territory, it must state that intention in the plan and where a limit is set, indicate the quantities applicable to the residual materials concerned.
In the case of a regional county municipality whose territory is situated partly within the territory of the Communauté métropolitaine de Montréal, only the management plan of the Community may apply in the part of the territory of the regional county municipality within the territory of the Community.
However, a regional county municipality and a metropolitan community referred to in subparagraph 1 of the third paragraph may agree
(1)  that the territory to which the regional county municipality’s plan applies includes the territory of one or more local municipalities that is part of the territory of the regional county municipality and of the territory of the metropolitan community ;
(2)  that the territory to which the metropolitan community’s plan applies includes the territory of all or part of the local municipalities and unorganized territories that is part of the territory of the regional county municipality.
A regional county municipality referred to in subparagraph 1 of the third paragraph is exempt from the requirement to establish a residual materials management plan where, as a result of an agreement entered into pursuant to the third paragraph of section 53.7 or subparagraph 2 of the fourth paragraph of this section, all its territory is covered by the management plan of another regional county municipality or that of a metropolitan community.
1999, c. 75, s. 13; 2000, c. 34, s. 242; 2001, c. 68, s. 79.
53.9. Each management plan must
(1)  describe the territory to which it applies;
(2)  identify the local municipalities covered by the plan and the intermunicipal residual materials management agreements that apply in all or part of the territory;
(3)  list the organizations and enterprises in the territory that engage in residual materials recovery, reclamation or elimination;
(4)  contain an inventory of residual materials produced in the territory, whether they are of domestic, industrial, commercial, institutional or other origin, and list them by type;
(5)  contain a statement of policies and of objectives to be attained, which must be compatible with the government policy enacted pursuant to section 53.4, that concern the recovery, reclamation and elimination of residual materials, and describe the services to be offered to attain the objectives;
(6)  list any recovery, reclamation or elimination facilities existing in the territory and any new facilities required in order to attain the above objectives, and mention any possibility of using facilities located outside the territory;
(7)  formulate a proposal for the implementation of the plan that encourages public participation and the cooperation of organizations and enterprises engaging in residual materials management;
(8)  establish a budgetary forecast and a timetable for the implementation of the plan;
(9)  establish a system to supervise and monitor the plan for the purpose of periodically verifying its application, in particular the degree to which the objectives fixed have been attained and the effectiveness of the implementation measures taken by the regional municipality or local municipalities, as the case may be, covered by the plan.
Where a regional municipality intends to restrict or prohibit the dumping or incineration in its territory of residual materials from outside the territory, it must state that intention in the plan and where a limit is set, indicate the quantities applicable to the residual materials concerned.
In the case of a regional county municipality whose territory is situated partly within the territory of the Communauté métropolitaine de Montréal, only the management plan of the Community may apply in the part of the territory of the regional county municipality within the territory of the Community.
However, a regional county municipality and a metropolitan community referred to in subparagraph 1 of the third paragraph may agree
(1)  that the territory to which the regional county municipality’s plan applies includes the territory of one or more local municipalities that is part of the territory of the regional county municipality and of the territory of the metropolitan community ;
(2)  that the territory to which the metropolitan community’s plan applies includes the territory of all or part of the local municipalities and unorganized territories that is part of the territory of the regional county municipality.
A regional county municipality referred to in subparagraph 1 of the third paragraph is exempt from the requirement to establish a residual materials management plan where, as a result of an agreement entered into pursuant to the third paragraph of section 53.7 or subparagraph 2 of the fourth paragraph of this section, all its territory is covered by the management plan of another regional county municipality or that of a metropolitan community.
1999, c. 75, s. 13; 2000, c. 34, s. 242.