Q-2, r. 35.2 - Water Withdrawal and Protection Regulation

Full text
7. (Revoked).
O.C. 696-2014, s. 7; S.Q. 2016, c. 35, s. 267; I.N. 2019-12-01; 871-2020O.C. 871-2020, s. 3.
7. An application for a water withdrawal authorization pursuant subparagraph 2 of the first paragraph of section 22 of the Environment Quality Act (chapter Q-2) must be sent in writing to the Minister, include the following information and be accompanied by the following documents:
(1)  the name and contact information of the applicant and the applicant’s representative, if any;
(2)  if the applicant is a municipality, partnership or association, a certified copy of the deed authorizing the application;
(3)  the Québec business number assigned to the applicant after registration under the Act Respecting the Legal Publicity of Enterprises (chapter P-44.1);
(4)  a copy of the deed of ownership for the land required for the construction of the water withdrawal facility and, if groundwater is to be withdrawn, for the layout of its inner protection zone or a copy of the authorization from the owner of the land for the use of the land for that purpose;
(5)  a description of the water withdrawal, including its intended use, the maximum volume of water drawn and used per day, the minimum volume discarded per day and, if applicable, the number of persons supplied by the withdrawal for human consumption purposes;
(6)  a description of each withdrawal site covered by the application, including the following elements:
(a)  its location, including its geographical coordinates and the cadastral designation of the lots concerned, a map and an aerial or satellite photograph of the site;
(b)  in the case of a surface water withdrawal, the name of the lake or watercourse concerned;
(c)  the plans and specifications for the water withdrawal facility and its expected layout or the report provided for in section 21 if the application concerns a groundwater withdrawal facility, not used to supply water for human consumption, installed in accordance with Chapter III;
(d)  the construction and maintenance work planned, including a schedule for the completion of the work and the mitigating measures planned for the work, a description of the materials and equipment used, and the envisaged measures in place to supervise the work;
(e)  the methods used to monitor operations and the measuring equipment used and its location, if applicable;
(7)  a description of each site where the water withdrawn will be discharged, including its location and the reference for the authorization issued for the discharge under the Environment Quality Act, if applicable;
(8)  a description of the surrounding environment, in particular concerning the land uses applicable and the existing uses in the vicinity;
(9)  a study, signed by a professional or the holder of a university diploma in biology, focusing on the location of the natural environments, flora and wildlife affected by the water withdrawal or disposal site, their characteristics and the mitigating measures of the impact planned, where the withdrawal site or disposal site is installed in one of the following sites:
(a)  a littoral zone, riverbank, lakeshore, floodplain, marsh, swamp, pond or bog;
(b)  a wildlife habitat referred to in the Regulation respecting wildlife habitat (chapter C-61.1, r. 18) or a wildlife species habitat referred to in the Regulation respecting threatened or vulnerable wildlife species and their habitats (chapter E-12.01, r. 2) or the Ministerial Order concerning the establishment of a list of threatened or vulnerable vascular plant species which are likely to be so designated and a list of threatened or vulnerable wildlife species which are likely to be so designated (chapter E-12.01, r. 4) where it is not already in the Regulation respecting wildlife habitat;
(c)  a plant species habitat referred to in the Regulation respecting threatened or vulnerable plant species and their habitats (chapter E-12.01, r. 3) or the Ministerial Order concerning the establishment of a list of threatened or vulnerable vascular plant species which are likely to be so designated and a list of threatened or vulnerable wildlife species which are likely to be so designated (chapter E-12.01, r. 4);
(d)  a protected zone governed by the Natural Heritage Conservation Act (chapter C-61.01) or the Parks Act (chapter P-9);
(e)  an exceptional forest ecosystem or a biological refuge classified or designated under the Sustainable Forest Development Act (chapter A-18.1);
(f)  an outstanding geological site classified under the Mining Act (chapter M-13.1);
(g)  a wildlife preserve established under the Act respecting the conservation and development of wildlife (chapter C-61.1);
(10)  a document signed by a professional that
(a)  describes the scenario for the planned withdrawal of water for the total withdrawal and for each withdrawal site, including the withdrawal period or periods associated with the need for water and the volumes withdrawn, consumed and discharged;
(b)  shows that the maximum volume of water withdrawn and consumed per day is reasonable compared to the needs to be met;
(c)  shows that the water withdrawal facility is suitable for the declared use;
(d)  describes the changes expected in the quality of the water when used and discharged into the environment, in particular with respect to any substances added to the water;
(11)  a certificate from the clerk or secretary-treasurer of the local municipality or regional county municipality concerned stating that the withdrawal complies with the applicable municipal by-laws;
(12)  if the application concerns the withdrawal of water for human consumption or food processing,
(a)  an initial characterization study of the quality of the water to be withdrawn signed by a professional;
(b)  an economic impact assessment for the activities carried out within the protection zones of the planned withdrawal site given the constraints provided for in this Regulation and, where the agricultural activities are affected, the means the applicant has taken or intends to take to minimize the impact on the operators concerned, such as the signing of a financial assistance agreement.
Subparagraph 11 of the first paragraph does not apply to a person who, under the Mining Act (chapter M-13.1) or the Petroleum Resources Act (chapter H-4.2), is authorized to perform work to explore for, develop, mine, produce or operate mineral substances, petroleum or underground reservoirs, except work to extract sand, gravel or building stone on private land for which, under section 5 of the Mining Act, rights in or over such mineral substances have been surrendered to the owner of the soil.
The information provided pursuant to this section, except the information listed in subparagraph 10 of the first paragraph where it does not concern an application for a water withdrawal referred to in section 31.97 of the Environment Quality Act, is public information.
O.C. 696-2014, s. 7; S.Q. 2016, c. 35, s. 267; I.N. 2019-12-01.
7. An application for a water withdrawal authorization under section 31.75 of the Environment Quality Act (chapter Q-2) must be sent in writing to the Minister, include the following information and be accompanied by the following documents:
(1)  the name and contact information of the applicant and the applicant’s representative, if any;
(2)  if the applicant is a municipality, partnership or association, a certified copy of the deed authorizing the application;
(3)  the Québec business number assigned to the applicant after registration under the Act Respecting the Legal Publicity of Enterprises (chapter P-44.1);
(4)  a copy of the deed of ownership for the land required for the construction of the water withdrawal facility and, if groundwater is to be withdrawn, for the layout of its inner protection zone or a copy of the authorization from the owner of the land for the use of the land for that purpose;
(5)  a description of the water withdrawal, including its intended use, the maximum volume of water drawn and used per day, the minimum volume discarded per day and, if applicable, the number of persons supplied by the withdrawal for human consumption purposes;
(6)  a description of each withdrawal site covered by the application, including the following elements:
(a)  its location, including its geographical coordinates and the cadastral designation of the lots concerned, a map and an aerial or satellite photograph of the site;
(b)  in the case of a surface water withdrawal, the name of the lake or watercourse concerned;
(c)  the plans and specifications for the water withdrawal facility and its expected layout or the report provided for in section 21 if the application concerns a groundwater withdrawal facility, not used to supply water for human consumption, installed in accordance with Chapter III;
(d)  the construction and maintenance work planned, including a schedule for the completion of the work and the mitigating measures planned for the work, a description of the materials and equipment used, and the envisaged measures in place to supervise the work;
(e)  the methods used to monitor operations and the measuring equipment used and its location, if applicable;
(7)  a description of each site where the water withdrawn will be discharged, including its location and the reference for the authorization issued for the discharge under the Environment Quality Act, if applicable;
(8)  a description of the surrounding environment, in particular concerning the land uses applicable and the existing uses in the vicinity;
(9)  a study, signed by a professional or the holder of a university diploma in biology, focusing on the location of the natural environments, flora and wildlife affected by the water withdrawal or disposal site, their characteristics and the mitigating measures of the impact planned, where the withdrawal site or disposal site is installed in one of the following sites:
(a)  a littoral zone, riverbank, lakeshore, floodplain, marsh, swamp, pond or bog;
(b)  a wildlife habitat referred to in the Regulation respecting wildlife habitat (chapter C-61.1, r. 18) or a wildlife species habitat referred to in the Regulation respecting threatened or vulnerable wildlife species and their habitats (chapter E-12.01, r. 2) or the Ministerial Order concerning the establishment of a list of threatened or vulnerable vascular plant species which are likely to be so designated and a list of threatened or vulnerable wildlife species which are likely to be so designated (chapter E-12.01, r. 4) where it is not already in the Regulation respecting wildlife habitat;
(c)  a plant species habitat referred to in the Regulation respecting threatened or vulnerable plant species and their habitats (chapter E-12.01, r. 3) or the Ministerial Order concerning the establishment of a list of threatened or vulnerable vascular plant species which are likely to be so designated and a list of threatened or vulnerable wildlife species which are likely to be so designated (chapter E-12.01, r. 4);
(d)  a protected zone governed by the Natural Heritage Conservation Act (chapter C-61.01) or the Parks Act (chapter P-9);
(e)  an exceptional forest ecosystem or a biological refuge classified or designated under the Sustainable Forest Development Act (chapter A-18.1);
(f)  an outstanding geological site classified under the Mining Act (chapter M-13.1);
(g)  a wildlife preserve established under the Act respecting the conservation and development of wildlife (chapter C-61.1);
(10)  a document signed by a professional that
(a)  describes the scenario for the planned withdrawal of water for the total withdrawal and for each withdrawal site, including the withdrawal period or periods associated with the need for water and the volumes withdrawn, consumed and discharged;
(b)  shows that the maximum volume of water withdrawn and consumed per day is reasonable compared to the needs to be met;
(c)  shows that the water withdrawal facility is suitable for the declared use;
(d)  describes the changes expected in the quality of the water when used and discharged into the environment, in particular with respect to any substances added to the water;
(11)  a certificate from the clerk or secretary-treasurer of the local municipality or regional county municipality concerned stating that the withdrawal complies with the applicable municipal by-laws;
(12)  if the application concerns the withdrawal of water for human consumption or food processing,
(a)  an initial characterization study of the quality of the water to be withdrawn signed by a professional;
(b)  an economic impact assessment for the activities carried out within the protection zones of the planned withdrawal site given the constraints provided for in this Regulation and, where the agricultural activities are affected, the means the applicant has taken or intends to take to minimize the impact on the operators concerned, such as the signing of a financial assistance agreement.
Subparagraph 11 of the first paragraph does not apply to a person who, under the Mining Act (chapter M-13.1) or the Petroleum Resources Act (chapter H-4.2), is authorized to perform work to explore for, develop, mine, produce or operate mineral substances, petroleum or underground reservoirs, except work to extract sand, gravel or building stone on private land for which, under section 5 of the Mining Act, rights in or over such mineral substances have been surrendered to the owner of the soil.
The information provided pursuant to this section, except the information listed in subparagraph 10 of the first paragraph where it does not concern an application for a water withdrawal referred to in section 31.97 of the Environment Quality Act, is public information.
O.C. 696-2014, s. 7; S.Q. 2016, c. 35, s. 267.
7. An application for a water withdrawal authorization under section 31.75 of the Environment Quality Act (chapter Q-2) must be sent in writing to the Minister, include the following information and be accompanied by the following documents:
(1)  the name and contact information of the applicant and the applicant’s representative, if any;
(2)  if the applicant is a municipality, partnership or association, a certified copy of the deed authorizing the application;
(3)  the Québec business number assigned to the applicant after registration under the Act Respecting the Legal Publicity of Enterprises (chapter P-44.1);
(4)  a copy of the deed of ownership for the land required for the construction of the water withdrawal facility and, if groundwater is to be withdrawn, for the layout of its inner protection zone or a copy of the authorization from the owner of the land for the use of the land for that purpose;
(5)  a description of the water withdrawal, including its intended use, the maximum volume of water drawn and used per day, the minimum volume discarded per day and, if applicable, the number of persons supplied by the withdrawal for human consumption purposes;
(6)  a description of each withdrawal site covered by the application, including the following elements:
(a)  its location, including its geographical coordinates and the cadastral designation of the lots concerned, a map and an aerial or satellite photograph of the site;
(b)  in the case of a surface water withdrawal, the name of the lake or watercourse concerned;
(c)  the plans and specifications for the water withdrawal facility and its expected layout or the report provided for in section 21 if the application concerns a groundwater withdrawal facility, not used to supply water for human consumption, installed in accordance with Chapter III;
(d)  the construction and maintenance work planned, including a schedule for the completion of the work and the mitigating measures planned for the work, a description of the materials and equipment used, and the envisaged measures in place to supervise the work;
(e)  the methods used to monitor operations and the measuring equipment used and its location, if applicable;
(7)  a description of each site where the water withdrawn will be discharged, including its location and the reference for the authorization issued for the discharge under the Environment Quality Act, if applicable;
(8)  a description of the surrounding environment, in particular concerning the land uses applicable and the existing uses in the vicinity;
(9)  a study, signed by a professional or the holder of a university diploma in biology, focusing on the location of the natural environments, flora and wildlife affected by the water withdrawal or disposal site, their characteristics and the mitigating measures of the impact planned, where the withdrawal site or disposal site is installed in one of the following sites:
(a)  a littoral zone, riverbank, lakeshore, floodplain, marsh, swamp, pond or bog;
(b)  a wildlife habitat referred to in the Regulation respecting wildlife habitat (chapter C-61.1, r. 18) or a wildlife species habitat referred to in the Regulation respecting threatened or vulnerable wildlife species and their habitats (chapter E-12.01, r. 2) or the Ministerial Order concerning the establishment of a list of threatened or vulnerable vascular plant species which are likely to be so designated and a list of threatened or vulnerable wildlife species which are likely to be so designated (chapter E-12.01, r. 4) where it is not already in the Regulation respecting wildlife habitat;
(c)  a plant species habitat referred to in the Regulation respecting threatened or vulnerable plant species and their habitats (chapter E-12.01, r. 3) or the Ministerial Order concerning the establishment of a list of threatened or vulnerable vascular plant species which are likely to be so designated and a list of threatened or vulnerable wildlife species which are likely to be so designated (chapter E-12.01, r. 4);
(d)  a protected zone governed by the Natural Heritage Conservation Act (chapter C-61.01) or the Parks Act (chapter P-9);
(e)  an exceptional forest ecosystem or a biological refuge classified or designated under the Sustainable Forest Development Act (chapter A-18.1);
(f)  an outstanding geological site classified under the Mining Act (chapter M-13.1);
(g)  a wildlife preserve established under the Act respecting the conservation and development of wildlife (chapter C-61.1);
(10)  a document signed by a professional that
(a)  describes the scenario for the planned withdrawal of water for the total withdrawal and for each withdrawal site, including the withdrawal period or periods associated with the need for water and the volumes withdrawn, consumed and discharged;
(b)  shows that the maximum volume of water withdrawn and consumed per day is reasonable compared to the needs to be met;
(c)  shows that the water withdrawal facility is suitable for the declared use;
(d)  describes the changes expected in the quality of the water when used and discharged into the environment, in particular with respect to any substances added to the water;
(11)  a certificate from the clerk or secretary-treasurer of the local municipality or regional county municipality concerned stating that the withdrawal complies with the applicable municipal by-laws;
(12)  if the application concerns the withdrawal of water for human consumption or food processing,
(a)  an initial characterization study of the quality of the water to be withdrawn signed by a professional;
(b)  an economic impact assessment for the activities carried out within the protection zones of the planned withdrawal site given the constraints provided for in this Regulation and, where the agricultural activities are affected, the means the applicant has taken or intends to take to minimize the impact on the operators concerned, such as the signing of a financial assistance agreement.
Subparagraph 11 of the first paragraph does not apply to a person who, under the Mining Act (chapter M-13.1), is authorized to do exploration, development, mining or production work on mineral substances or underground reservoirs, except work to extract sand, gravel or building stone on private land for which, under section 5 of the Mining Act, rights in or over such mineral substances have been surrendered to the owner of the soil.
The information provided pursuant to this section, except the information listed in subparagraph 10 of the first paragraph where it does not concern an application for a water withdrawal referred to in section 31.97 of the Environment Quality Act, is public information.
O.C. 696-2014, s. 7.