A-2.001 - Act respecting the acceleration of certain infrastructure projects

Schedule Disposition versions

2020-12-31

SCHEDULE II

(Sections 27 and 28)

IMPACT MITIGATION MEASURES TO LIMIT ENVIRONMENTAL DISTURBANCES AND CONTAMINANT RELEASES INTO THE ENVIRONMENT

1. When activities arising from an infrastructure project have been declared in a project declaration under section 28 of this Act and are likely to have adverse effects on wetlands and bodies of water, the following mitigation measures must be implemented, in addition to those provided for in sections 8, 9, 11, 23, 24 and 28 of the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1):

(1)  at all times while work is underway, wetlands and bodies of water must be delimited using such means as stakes and ribbons or temporary fences to limit traffic in those zones, and crossing and traffic zones must be marked off; and

(2)  when temporary storage sites are set up, they must

(a)  be situated more than 30 metres away from wetlands and bodies of water;

(b)  be delimited on-site; and

(c)  be protected from erosion.

2. When activities arising from an infrastructure project have been declared in a project declaration under section 28 of this Act and are likely to cause a release of contaminants, the following mitigation measures must be implemented:

(1)  for suspended matter, work must be carried out in such a manner as to limit the release of such matter into wetlands and bodies of water until full vegetation regrowth, particularly by means of the following measures:

(a)  work that leaves soil unconsolidated must be accompanied by erosion and sediment control measures to prevent sediments from being carried into watercourses, lakes and wetlands, including the following measures:

i.  work must be carried out during low-water periods and low-rainfall periods;

ii.  as work is completed, soil stabilization and revegetation must be performed without delay, by means of naturalization techniques, on bare soils that are likely to be eroded; and

iii.  clearing, stripping, excavation, earthwork and grading activities must be limited to a strict minimum and carried on immediately before infrastructure construction is to begin in order to limit the length of time for which loose soils are exposed; and

(b)  for work carried out in winter, snow or ice containing sediments must be disposed of outside wetlands and bodies of water or transported to an authorized site; and

(2)  for other contaminants, work must be carried out in such a manner as to avoid contaminating wetlands and bodies of water, by eliminating the risk of waste, oil, chemical or other contaminant spills, particularly by means of the following measures:

(a)  machinery must be cleaned to eliminate excess oil or grease, mud, plant fragments and animals attached to it in order to prevent contamination and the introduction of invasive exotic species into the natural environment;

(b)  machinery must be refuelled and stored and its mechanical maintenance must be performed in an area set up for those purposes outside any wetlands and bodies of water, particularly when work is temporarily stopped; if it is impossible to set up such an area outside any wetlands and bodies of water, special protection measures must be implemented, such as the use of leakproof reservoirs or membranes;

(c)  before work is to begin, measures must be implemented to prevent contamination of the environment in the event of a spill, particularly the following:

i.  regular inspections must be carried out to detect leaks and maintain the machinery in good working order;

ii.  a spill kit must be kept available at all times on or near the site where work is being carried out, in case of accidental petroleum spills; and

iii.  adequately sized drip trays must be placed under stationary apparatuses and equipment during the work; and

(d)  for work carried out in winter, on snow or ice cover, and located in the littoral zone, on a riverbank or lakeshore, in a floodplain, in a wetland or close to such environments, no abrasives or ice melters must be used.

2020, c. 27, Sch. II.

2020-12-11

SCHEDULE II

(Sections 27 and 28)

IMPACT MITIGATION MEASURES TO LIMIT ENVIRONMENTAL DISTURBANCES AND CONTAMINANT RELEASES INTO THE ENVIRONMENT

1. When activities arising from an infrastructure project have been declared in a project declaration under section 28 of this Act and are likely to have adverse effects on wetlands and bodies of water, the following mitigation measures must be implemented, in addition to those provided for in sections 8, 9, 11, 23, 24 and 28 of the Regulation respecting activities in wetlands, bodies of water and sensitive areas, enacted by Order in Council 871-2020 (2020, G.O. 2, 2493A):

(1)  at all times while work is underway, wetlands and bodies of water must be delimited using such means as stakes and ribbons or temporary fences to limit traffic in those zones, and crossing and traffic zones must be marked off; and

(2)  when temporary storage sites are set up, they must

(a)  be situated more than 30 metres away from wetlands and bodies of water;

(b)  be delimited on-site; and

(c)  be protected from erosion.

2. When activities arising from an infrastructure project have been declared in a project declaration under section 28 of this Act and are likely to cause a release of contaminants, the following mitigation measures must be implemented:

(1)  for suspended matter, work must be carried out in such a manner as to limit the release of such matter into wetlands and bodies of water until full vegetation regrowth, particularly by means of the following measures:

(a)  work that leaves soil unconsolidated must be accompanied by erosion and sediment control measures to prevent sediments from being carried into watercourses, lakes and wetlands, including the following measures:

i.  work must be carried out during low-water periods and low-rainfall periods;

ii.  as work is completed, soil stabilization and revegetation must be performed without delay, by means of naturalization techniques, on bare soils that are likely to be eroded; and

iii.  clearing, stripping, excavation, earthwork and grading activities must be limited to a strict minimum and carried on immediately before infrastructure construction is to begin in order to limit the length of time for which loose soils are exposed; and

(b)  for work carried out in winter, snow or ice containing sediments must be disposed of outside wetlands and bodies of water or transported to an authorized site; and

(2)  for other contaminants, work must be carried out in such a manner as to avoid contaminating wetlands and bodies of water, by eliminating the risk of waste, oil, chemical or other contaminant spills, particularly by means of the following measures:

(a)  machinery must be cleaned to eliminate excess oil or grease, mud, plant fragments and animals attached to it in order to prevent contamination and the introduction of invasive exotic species into the natural environment;

(b)  machinery must be refuelled and stored and its mechanical maintenance must be performed in an area set up for those purposes outside any wetlands and bodies of water, particularly when work is temporarily stopped; if it is impossible to set up such an area outside any wetlands and bodies of water, special protection measures must be implemented, such as the use of leakproof reservoirs or membranes;

(c)  before work is to begin, measures must be implemented to prevent contamination of the environment in the event of a spill, particularly the following:

i.  regular inspections must be carried out to detect leaks and maintain the machinery in good working order;

ii.  a spill kit must be kept available at all times on or near the site where work is being carried out, in case of accidental petroleum spills; and

iii.  adequately sized drip trays must be placed under stationary apparatuses and equipment during the work; and

(d)  for work carried out in winter, on snow or ice cover, and located in the littoral zone, on a riverbank or lakeshore, in a floodplain, in a wetland or close to such environments, no abrasives or ice melters must be used.

2020, c. 27, Sch. II.