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Q-2 - Environment Quality Act

Section 25
Disposition versions

Full text
25. On issuing an authorization, the Minister may prescribe any condition, restriction or prohibition the Minister deems advisable for protecting the quality of the environment and preventing adverse effects on the life, health, safety, welfare or comfort of human beings or on ecosystems, living species or property, and which may concern, among other things,
(1)  measures to mitigate the impacts of the activity on the environment, human health or other living species, and measures to protect the quality of the environment, including measures aimed at regulating the activity concerned or the operation of the facility or establishment concerned;
(2)  an environmental monitoring program and the sending of monitoring reports, and any other supervision or control measures, including the installation of equipment or an apparatus for that purpose;
(3)  measures to ensure that the characteristics and support capacity of the receiving environment and its ecosystem are respected;
(4)  the period when an activity will be carried out;
(5)  residual materials management;
(6)  site restoration measures and post-closure management on cessation of activities;
(7)  the forming of a watchdog committee;
(8)  measures to reduce the greenhouse gas emissions attributable to the activity;
(9)  the adaptation measures required because of the expected climate change risks to and impacts on the activity or the milieu in which the activity will be carried on; and
(10)  flood-proofing measures to take into consideration the flood zone of a lake or watercourse and the channel migration zone of a watercourse.
However, before prescribing a condition, restriction or prohibition under this section, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the person concerned and grant the latter at least 15 days to submit observations.
1972, c. 49, s. 25; 1978, c. 64, s. 6; 1979, c. 49, s. 33; 1986, c. 95, s. 272; 1988, c. 49, s. 38; 1996, c. 2, s. 841; 1997, c. 43, s. 508; 2017, c. 4, s. 16; 2021, c. 7, s. 81; I.N. 2024-04-01.
25. On issuing an authorization, the Minister may prescribe any condition, restriction or prohibition the Minister deems advisable for protecting the quality of the environment and preventing adverse effects on the life, health, safety, welfare or comfort of human beings or on ecosystems, living species or property, and which may concern, among other things,
(1)  measures to mitigate the impacts of the activity on the environment, human health or other living species, and measures to protect the quality of the environment, including measures aimed at regulating the activity concerned or the operation of the facility or establishment concerned;
(2)  an environmental monitoring program and the sending of monitoring reports, and any other supervision or control measures, including the installation of equipment or an apparatus for that purpose;
(3)  measures to ensure that the characteristics and support capacity of the receiving environment and its ecosystem are respected;
(4)  the period when an activity will be carried out;
(5)  residual materials management;
(6)  site restoration measures and post-closure management on cessation of activities;
(7)  the forming of a watchdog committee;
(8)  measures to reduce the greenhouse gas emissions attributable to the activity;
(9)  the adaptation measures required because of the expected climate change risks to and impacts on the activity or the milieu in which the activity will be carried on; and
(10)  flood-proofing measures to take into consideration the flood zone of a lake or watercourse and the mobility zone of a watercourse.
However, before prescribing a condition, restriction or prohibition under this section, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J‑3) to the person concerned and grant the latter at least 15 days to submit observations.
1972, c. 49, s. 25; 1978, c. 64, s. 6; 1979, c. 49, s. 33; 1986, c. 95, s. 272; 1988, c. 49, s. 38; 1996, c. 2, s. 841; 1997, c. 43, s. 508; 2017, c. 4, s. 16; 2021, c. 7, s. 81.
25. On issuing an authorization, the Minister may prescribe any condition, restriction or prohibition the Minister deems advisable for protecting the quality of the environment and preventing adverse effects on the life, health, safety, welfare or comfort of human beings or on ecosystems, living species or property, and which may concern, among other things,
(1)  measures to mitigate the impacts of the activity on the environment, human health or other living species, and measures to protect the quality of the environment, including measures aimed at regulating the activity concerned or the operation of the facility or establishment concerned;
(2)  an environmental monitoring program and the sending of monitoring reports, and any other supervision or control measures, including the installation of equipment or an apparatus for that purpose;
(3)  measures to ensure that the characteristics and support capacity of the receiving environment and its ecosystem are respected;
(4)  the period when an activity will be carried out;
(5)  residual materials management;
(6)  site restoration measures and post-closure management on cessation of activities;
(7)  the forming of a watchdog committee;
(8)  measures to reduce the greenhouse gas emissions attributable to the activity; and
(9)  the adaptation measures required because of the expected climate change risks to and impacts on the activity or the milieu in which the activity will be carried on.
However, before prescribing a condition, restriction or prohibition under this section, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J‑3) to the person concerned and grant the latter at least 15 days to submit observations.
1972, c. 49, s. 25; 1978, c. 64, s. 6; 1979, c. 49, s. 33; 1986, c. 95, s. 272; 1988, c. 49, s. 38; 1996, c. 2, s. 841; 1997, c. 43, s. 508; 2017, c. 4, s. 16.
25. When he ascertains the presence in the environment of a contaminant contemplated in section 20, the Minister may order whoever is responsible for the source of contamination to cease finally or temporarily or to limit, according to the conditions prescribed by him, the emission, deposit, issuance or discharge of such contaminant.
Before issuing an order, the Minister shall, as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), notify to whoever is responsible for the source of contamination prior notice of not less than 15 days setting out the reasons which appear to justify an order, the date on which it is to have effect and the fact that whoever is responsible for the contamination may present observations. The prior notice shall be accompanied with a copy of every analysis, study or other technical report considered by the Minister for the purposes of the proposed order.
The Minister shall transmit a copy of the prior notice to any person who has submitted to him a sworn complaint in respect of the object of such notice. Notice of the contemplated order shall be published in a daily newspaper circulated in the region in which the contemplated source of contamination is located.
The Minister shall also transmit a copy of the prior notice to the secretary-treasurer or clerk of the municipality in whose territory the contemplated source of contamination is located. The latter shall place the prior notice at the disposal of the public for the period of 15 days provided for in the second paragraph.
The order shall include a statement of the grounds invoked by the Minister. It shall take effect on the date it is notified to whoever is responsible for the source of contamination or on any later date indicated in the order.
1972, c. 49, s. 25; 1978, c. 64, s. 6; 1979, c. 49, s. 33; 1986, c. 95, s. 272; 1988, c. 49, s. 38; 1996, c. 2, s. 841; 1997, c. 43, s. 508.
25. When he ascertains the presence in the environment of a contaminant contemplated in section 20, the Minister may order whoever is responsible for the source of contamination to cease finally or temporarily or to limit, according to the conditions prescribed by him, the emission, deposit, issuance or discharge of such contaminant.
The Minister shall, before issuing an order, serve on whoever is responsible for the source of contamination prior notice of not less than 15 days setting out the reasons which appear to justify an order, the date on which it is to have effect and the fact that representations may be made by whoever is responsible for the contamination. The notice shall be accompanied with a copy of every analysis, study or other technical report considered by the Minister for the purposes of the proposed order.
The Minister shall transmit a copy of the prior notice to any person who has submitted to him a sworn complaint in respect of the object of such notice. Notice of the contemplated order shall be published in a daily newspaper circulated in the region in which the contemplated source of contamination is located.
The Minister shall also transmit a copy of the prior notice to the secretary-treasurer or clerk of the municipality in whose territory the contemplated source of contamination is located. The latter shall place the prior notice at the disposal of the public for the period of 15 days provided for in the second paragraph.
The order shall include a statement of the grounds invoked by the Minister. It shall take effect on the date it is served on whoever is responsible for the source of contamination or on any later date indicated in the order.
1972, c. 49, s. 25; 1978, c. 64, s. 6; 1979, c. 49, s. 33; 1986, c. 95, s. 272; 1988, c. 49, s. 38; 1996, c. 2, s. 841.
25. When he ascertains the presence in the environment of a contaminant contemplated in section 20, the Minister may order whoever is responsible for the source of contamination to cease finally or temporarily or to limit, according to the conditions prescribed by him, the emission, deposit, issuance or discharge of such contaminant.
The Minister shall, before issuing an order, serve on whoever is responsible for the source of contamination prior notice of not less than 15 days setting out the reasons which appear to justify an order, the date on which it is to have effect and the fact that representations may be made by whoever is responsible for the contamination. The notice shall be accompanied with a copy of every analysis, study or other technical report considered by the Minister for the purposes of the proposed order.
The Minister shall transmit a copy of the prior notice to any person who has submitted to him a sworn complaint in respect of the object of such notice. Notice of the contemplated order shall be published in a daily newspaper circulated in the region in which the contemplated source of contamination is located.
The Minister shall also transmit a copy of the prior notice to the secretary-treasurer or clerk of the municipality where the contemplated source of contamination is located. The latter shall place the prior notice at the disposal of the public for the period of 15 days provided for in the second paragraph.
The order shall include a statement of the grounds invoked by the Minister. It shall take effect on the date it is served on whoever is responsible for the source of contamination or on any later date indicated in the order.
1972, c. 49, s. 25; 1978, c. 64, s. 6; 1979, c. 49, s. 33; 1986, c. 95, s. 272; 1988, c. 49, s. 38.
25. When he ascertains the presence in the environment of a contaminant contemplated in section 20, the Deputy Minister may order whoever is responsible for the source of contamination to cease finally or temporarily or to limit, according to the conditions prescribed by him, the emission, deposit, issuance or discharge of such contaminant.
The Deputy Minister shall, before issuing an order, serve on whoever is responsible for the source of contamination prior notice of not less than 15 days setting out the reasons which appear to justify an order, the date on which it is to have effect and the fact that representations may be made by whoever is responsible for the contamination. The notice shall be accompanied with a copy of every analysis, study or other technical report considered by the Deputy Minister for the purposes of the proposed order.
The Deputy Minister shall transmit a copy of the prior notice to any person who has submitted to him a sworn complaint in respect of the object of such notice. Notice of the contemplated order shall be published in a daily newspaper circulated in the region in which the contemplated source of contamination is located.
The Deputy Minister shall also transmit a copy of the prior notice to the secretary-treasurer or clerk of the municipality where the contemplated source of contamination is located. The latter shall place the prior notice at the disposal of the public for the period of 15 days provided for in the second paragraph.
The order shall include a statement of the grounds invoked by the Deputy Minister. It shall take effect on the date it is served on whoever is responsible for the source of contamination or on any later date indicated in the order.
1972, c. 49, s. 25; 1978, c. 64, s. 6; 1979, c. 49, s. 33; 1986, c. 95, s. 272.
25. When he ascertains the presence in the environment of a contaminant contemplated in section 20, the Deputy Minister may order whoever is responsible for the source of contamination to cease finally or temporarily or to limit, according to the conditions prescribed by him, the emission, deposit, issuance or discharge of such contaminant.
Such order shall however be without effect if the Deputy Minister has not at least fifteen days previously served upon whoever is responsible for the source of contamination, notification of the reasons for the decision and the date on which it is to have effect, a notice that he may make all representations to him which he considers expedient until that date, and a copy of any analysis, study or other techinical report considered by him for the proposed order.
The Deputy Minister shall transmit a copy of the prior notice to any person who has submitted to him a sworn complaint in respect of the object of such notice. Notice of the contemplated order shall be published in a daily newspaper circulated in the region in which the contemplated source of contamination is located.
The Deputy Minister shall also transmit a copy of the prior notice to the secretary-treasurer or clerk of the municipality where the contemplated source of contamination is located. The latter shall place the prior notice at the disposal of the public for the period of fifteen days provided for in the second paragraph.
1972, c. 49, s. 25; 1978, c. 64, s. 6; 1979, c. 49, s. 33.
25. When he ascertains the presence in the environment of a contaminant contemplated in section 20, the Director may order whoever is responsible for the source of contamination to cease finally or temporarily or to limit, according to the conditions prescribed by him, the emission, deposit, issuance or discharge of such contaminant.
Such order shall however be without effect if the Director has not at least fifteen days previously served upon whoever is responsible for the source of contamination, notification of the reasons for the decision and the date on which it is to have effect, a notice that he may make all representations to him which he considers expedient until that date, and a copy of any analysis, study or other techinical report considered by him for the proposed order.
The Director shall transmit a copy of the prior notice to any person who has submitted to him a sworn complaint in respect of the object of such notice. Notice of the contemplated order shall be published in a daily newspaper circulated in the region in which the contemplated source of contamination is located.
The Director shall also transmit a copy of the prior notice to the secretary-treasurer or clerk of the municipality where the contemplated source of contamination is located. The latter shall place the prior notice at the disposal of the public for the period of fifteen days provided for in the second paragraph.
1972, c. 49, s. 25; 1978, c. 64, s. 6.
25. When he ascertains the presence in the environment of a contaminant contemplated in section 20, the Director may order whoever is responsible for the source of contamination to cease finally or temporarily or to limit, according to the conditions prescribed by him, the emission, deposit, issuance or discharge of such contaminant.
Such order shall however be without effect if the Director has not at least fifteen days previously served upon whoever is responsible for the source of contamination, notification of the reasons for the decision and the date on which it is to have effect, a notice that he may make all representations to him which he considers expedient until that date, and a copy of any analysis, study or other techinical report considered by him for the proposed order.
1972, c. 49, s. 25.
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