Q-2, r. 26.1 - Regulation respecting the operation of industrial establishments

Updated to 1 July 2024

This document has official status.

chapter Q-2, r. 26.1

Regulation respecting the operation of industrial establishments

Environment Quality Act

(chapter Q-2, ss. 31.10, 31.41 and 124.1).

Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

(chapter M-11.6, ss. 30 and 45).

The former alphanumerical designation of this Regulation was chapter Q-2, r. 5.

The duties prescribed in the Regulation have been indexed as of 1 January 2024 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 23 December 2023, page 865. (s. 12, Sch. II)

O.C. 601-93; O.C. 871-2020, s. 1; S.Q. 2022, c. 8, s. 1.

CHAPTER 0.I INDUSTRIAL ESTABLISHMENTS COVERED

O.C. 652-2013, s. 1.

0.1. Division III of Chapter IV of Title I of the Environment Quality Act (chapter Q-2) and this Regulation apply to the following industrial establishments, on the basis of their primary activity and, where applicable, according to the North American Industry Classification System (NAICS) Canada 2022 Version 1.0:

(1)  an establishment manufacturing pulp or a paper product within the meaning of section 1 of the Regulation respecting pulp and paper mills (chapter Q-2, r. 27), except an establishment of which the maximum annual production capacity is lower than 40,000 metric tons and whose process water is entirely discharged into system or recirculated;

(2)  an establishment that operates a mine if the maximum annual ore mining capacity is equal to or greater than 2,000,000 metric tons;

(2.1)  an establishment engaged in ore processing if the maximum annual processing capacity is equal to or greater than 50,000 metric tons;

(3)  an establishment engaged in clay building material or refractory manufacturing (32712) if the maximum annual clay or refractory brick production capacity is equal to or greater than 20,000 metric tons;

(4)  an establishment engaged in glass manufacturing (327214) if the maximum annual production capacity is equal to or greater than 50,000 metric tons;

(5)  an establishment engaged in manufacturing Portland cement (32731);

(6)  an establishment engaged in quicklime or hydrated lime manufacturing (32741);

(7)  an establishment engaged in other non-metallic mineral products manufacturing if it manufactures silicon and if the maximum annual production capacity is equal to or greater than 20,000 metric tons of silicon;

(8)  an establishment engaged in iron and steel mills and ferroalloy manufacturing (33111) if the maximum annual production capacity of one or more of the following materials is equal to or greater than 20,000 metric tons:

(a)  pig iron;

(b)  steel;

(c)  stainless steel;

(d)  ferroalloys;

(9)  an establishment engaged in the primary production of alumina and aluminum (331313) if the maximum annual production capacity is equal to or greater than 20,000 metric tons;

(10)  an establishment engaged in non-ferrous metal smelting and refining (33141) if the maximum annual production or refining capacity is equal to or greater than 20,000 metric tons.

For the purposes of subparagraph 2.1 of the first paragraph, “ore processing” means any activity for the beneficiation of an ore, a concentrate or mine tailings by a mineralurgical process that allows the separation of minerals. Agglomerate manufacturing operations are also included in ore processing activities.

For the purposes of this section, all activities carried on in the context of the operation of an industrial establishment are considered to form part of an industrial establishment referred to in the first paragraph.

O.C. 652-2013, s. 1; O.C. 871-2020, s. 2; O.C. 997-2023, s. 1.

CHAPTER I

(Revoked).

O.C. 601-93, c. I; O.C. 871-2020, s. 3.

1. (Revoked).

O.C. 601-93, s. 1; O.C. 871-2020, s. 3.

2. (Revoked).

O.C. 601-93, s. 2; O.C. 441-2008, s. 1; O.C. 871-2020, s. 3.

3. (Revoked).

O.C. 601-93, s. 3; O.C. 871-2020, s. 3.

4. (Revoked).

O.C. 601-93, s. 4; O.C. 871-2020, s. 3.

5. (Revoked).

O.C. 601-93, s. 5; O.C. 652-2013, s. 2; O.C. 871-2020, s. 3.

CHAPTER II

(Revoked).

O.C. 601-93, c. II; O.C. 871-2020, s. 3.

6. (Revoked).

O.C. 601-93, s. 6; O.C. 652-2013, s. 3; O.C. 871-2020, s. 3.

7. (Revoked).

O.C. 601-93, s. 7; O.C. 652-2013, s. 4; O.C. 871-2020, s. 3.

8. (Revoked).

O.C. 601-93, s. 8; O.C. 871-2020, s. 3.

9. (Revoked).

O.C. 601-93, s. 9; O.C. 871-2020, s. 3.

CHAPTER III ANNUAL DUTIES

O.C. 601-93, c. III; O.C. 871-2020, s. 4.

10. (Revoked).

O.C. 601-93, s. 10; O.C. 871-2020, s. 5.

11. (Revoked).

O.C. 601-93, s. 11; O.C. 441-2008, s. 3.

11.1. For the purposes of this Division,

“accumulation area” means a parcel of land on which mine tailings are accumulated or intended to be accumulated;

“mine tailings” means any solid or liquid substance released through the extraction, preparation, beneficiation and separation of ore, including sludge and dust resulting from the treatment of mining wastewater or atmospheric emissions, except for the final effluent and residue released through the operation of a pit or quarry within the meaning of the Regulation respecting pits and quarries (chapter Q-2, r. 7.1). Any solid or liquid substance released through the processing of mine tailings to market a substance contained therein or slag and sludge released in the course of a treatment using primarily ore or enriched or concentrate ore as part of a pyrometallurgical, hydrometallurgical or electrolytic process, are also considered as mine tailings.

O.C. 652-2013, s. 5.

12. The annual duties exigible from each holder of an authorization to operate an industrial establishment include a fixed amount of $3,607, plus the following amounts, as the case may be:

(1)  for industrial discharges into water or the atmosphere, the sum of the amounts calculated in accordance with Schedule I;

(2)  for mine tailings deposited in an accumulation area:

(a)  for the first year of validity of the first authorization of an establishment, 33% of the lesser amount between the amount calculated in accordance with Schedule II and $2,000,000;

(b)  for the second year of validity of the first authorization of an establishment, 66% of the lesser amount between the amount calculated in accordance with Schedule II and $2,000,000;

(c)  in the other cases, 100% of the lesser amount between the amount calculated in accordance with Schedule II and $2,000,000;

(3)  for organic residual materials from pulp and paper mills disposed of in a landfill for pulp and paper mills, an amount corresponding, for each metric ton of materials,

(a)  for the year 2025, to $10;

(b)  for the years 2026 and 2027, to $20;

(c)  for the years 2028 and 2029, to $30;

(d)  for the years 2030 and 2031, to $40;

(e)  for the year 2032, to $48 and, for each following year, to the amount of the previous year increased by $2.

The sum of the amounts provided for in subparagraphs 1, 2 and 3 of the first paragraph may not exceed $2,000,000.

The annual duties exigible are payable by electronic means prior to 1 June of the year following the year in which the duties are exigible.

Despite the third paragraph, the payment of the annual duties exigible for the year 2023 may also be made by cheque or money order, made out to the Minister of Finance, prior to 1 June 2024.

O.C. 601-93, s. 12; O.C. 652-2013, s. 6; O.C. 871-2020, s. 6; O.C. 997-2023, s. 2.

13. The fixed amount of the annual duties exigible is adjusted on 1 January of each year in the manner provided for in section 83.3 of the Financial Administration Act (chapter A-6.001). The foregoing also applies to the unit rate provided for in Schedule I and to the unit rate and base amount provided for in Schedule II.

The rules provided for in the Regulation respecting the rounding off of adjusted fees (chapter A-6.001, r. 0.1) apply to the adjusted amounts and rates.

The Minister is to publish the result of the adjustment in Part 1 of the Gazette officielle du Québec.

O.C. 601-93, s. 13; O.C. 441-2008, s. 4; O.C. 652-2013, s. 7.

CHAPTER IV OBLIGATIONS OF THE HOLDER

DIVISION I RECORD AND ANNUAL REPORT

14. A holder of an authorization to operate an industrial establishment shall keep an up-to-date record in which he shall enter any infringement of the contaminant discharge standards applicable to him and established by the Minister under the first paragraph of section 26 of the Act.

The record shall contain, for each infringement,

(1)  the exact time at which the holder became aware of the infringement;

(2)  the exact location and time at which the infringement occurred;

(3)  the causes of the infringement and the circumstances in which it occurred; and

(4)  the measures taken or planned by the holder to reduce or eliminate the effects of the infringement and to eliminate and prevent its causes.

A holder of an authorization shall send to the Minister, within 30 days of the end of each calendar month, a copy of the information entered in the record during the previous month.

The information in the record shall be conserved by the holder for at least 5 years from the date on which the information is sent to the Minister.

O.C. 601-93, s. 14; O.C. 871-2020, s. 7; O.C. 997-2023, s. 3.

14.1. The holder of an authorization to operate an industrial establishment must also keep a record containing the information necessary for the detailed calculation of the annual duties and the information necessary for the calculation of the annual tonnage of the contaminants discharged, from among those referred to in Schedule I, or of the mine tailings deposited in an accumulation area, as the case may be.

The information contained in the record must be kept for at least 5 years.

O.C. 652-2013, s. 8; O.C. 871-2020, s. 8.

15. The holder of an authorization to operate an industrial establishment must send to the Minister, prior to 1 June of the following year, an annual report of the preceding calendar year, updated to 31 December, and containing

(1)  the number of the authorization;

(2)  any amendments to the following information, furnished in accordance with the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) for the issue or renewal of an authorization;

(3)  information on progress made in the holder’s activities in regard to the requirements and dates of application established by the Minister in the authorization under the second paragraph of section 26 of the Act;

(4)  information on progress made in the corrective program imposed by the Minister under section 31.27 of the Act at the time of issue of the authorization; and

(5)  information on progress made in the studies required under section 31.12 of the Act.

The report must also contain the detailed calculation of the annual duties exigible under section 12, including the method used to determine the annual tonnage, as the case may be,

(1)  of contaminants discharged, from among those listed in Schedule I;

(2)  of mine tailings deposited in an accumulation area;

(3)  of organic residual materials from pulp and paper mills in a landfill for pulp and paper mills.

O.C. 601-93, s. 15; O.C. 871-2020, s. 9; O.C. 997-2023, s. 4.

16. (Revoked).

O.C. 601-93, s. 16; O.C. 871-2020, s. 10.

DIVISION II NOTICE

17. For the purposes of section 31.16 of the Act, within 30 days after becoming aware of any event or incident, other than an accidental release referred to in section 21 of the Act or that an infringement of a standard was entered in the record in accordance with section 14 of this Regulation, resulting in derogation from the provisions of the holder’s authorization, the holder must so inform the Minister by sending a notice explaining the reasons for the derogation and indicating the measures that have been taken to reduce or eliminate the effects of that event or incident and to eliminate or prevent the causes, and specifying, if applicable, the implementation timetable.

O.C. 601-93, s. 17; O.C. 871-2020, s. 11.

18. (Revoked).

O.C. 601-93, s. 18; O.C. 871-2020, s. 12.

DIVISION III

(Revoked).

O.C. 601-93, Div. III; O.C. 871-2020, s. 13.

19. (Revoked).

O.C. 601-93, s. 19; O.C. 871-2020, s. 13.

DIVISION IV CESSATION OF THE ACTIVITIES OF AN INDUSTRIAL ESTABLISHMENT

20. A holder of an authorization to operate an industrial establishment must, as required by section 31.24 of the Act, give the Minister notice of any partial or total cessation of operation of the industrial establishment covered by the authorization within 60 days after the date of the cessation.

The notice must contain the following information and documents:

(1)  the number and issue date of the authorization pertaining to the activity that has ceased;

(2)  the location and description of the activity that has ceased and the cessation measures implemented;

(3)  the monitoring measures the holder has implemented and intends to implement to prevent the release of contaminants into the environment and to ensure, among other things, site cleaning and decontamination, and equipment and facility dismantling;

(4)  the date of cessation of the activity;

(5)  the reason for cessation of the activity; and

(6)  a declaration from the holder certifying that

(a)  any cessation measures prescribed by the Minister in the authorization are complied with; and

(b)  all the information and documents furnished are complete and accurate.

O.C. 601-93, s. 20; O.C. 652-2013, s. 9; O.C. 871-2020, s. 15; O.C. 997-2023, s. 5.

CHAPTER IV.1 PENALTIES

O.C. 652-2013, s. 10.

DIVISION I MONETARY ADMINISTRATIVE PENALTIES

O.C. 652-2013, s. 10.

20.1. A monetary administrative penalty of $250 in the case of a natural person or $1,000 in the other cases may be imposed on any person who fails to

(1)  (paragraph revoked);

(2)  (paragraph revoked);

(3)  keep up-to-date a record containing the information prescribed by section 14, send the Minister a copy of the information entered in that record during the previous month within the time prescribed by that section or keep the information entered in that record for the period of time indicated therein;

(3.1)  keep up-to-date a record containing the information prescribed by section 14.1 or keep the information entered in that record for the period of time indicated therein;

(4)  send the Minister an annual report containing the information and documents prescribed by section 15, on the conditions and at the frequency indicated therein;

(5)  (paragraph revoked);

(6)  (paragraph revoked).

O.C. 652-2013, s. 10; O.C. 871-2020, s. 16; O.C. 997-2023, s. 6.

20.2. A monetary administrative penalty of $350 in the case of a natural person or $1,000 in the other cases may be imposed to every person who fails to send the Minister a notice containing the information prescribed by section 17, within the time limit provided for therein.

O.C. 652-2013, s. 10.

20.3. A monetary administrative penalty of $500 in the case of a natural person or $2,500 in the other cases may be imposed on every person who fails to pay the annual duties payable in accordance with the third or fourth paragraph of section 12.

O.C. 652-2013, s. 10; O.C. 997-2023, s. 7.

20.3.1. A monetary administrative penalty of $1,000 in the case of a natural person or $5,000 in the other cases may be imposed on every person who fails to comply with the time limit prescribed by the first paragraph of section 20 to give the Minister notice of the partial or total cessation of operation of the industrial establishment covered by the authorization or send the Minister a notice containing the information and documents prescribed by the second paragraph of that section.

O.C. 997-2023, s. 8.

DIVISION II PENAL SANCTIONS

O.C. 652-2013, s. 10.

20.4. A person who contravenes section 14, 14.1 or 15 commits an offence and is liable to a fine of $1,000 to $100,000 in the case of a natural person, or from $3,000 to $600,000 in the other cases.

O.C. 652-2013, s. 10; O.C. 871-2020, s. 17; O.C. 997-2023, s. 9.

20.5. A person who contravenes section 17 commits an offence and is liable to a fine of $2,000 to $100,000 in the case of a natural person, or from $6,000 to $600,000 in the other cases.

O.C. 652-2013, s. 10.

20.6. A person who contravenes the third or fourth paragraph of section 12 commits an offence and is liable to a fine of $2,500 to $250,000 in the case of a natural person, or from $7,500 to $1,500,000 in the other cases.

O.C. 652-2013, s. 10; O.C. 997-2023, s. 10.

20.7. A person who contravenes section 20 commits an offence and is liable, in the case of a natural person, to a fine of $5,000 to $500,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to imprisonment for a maximum term of 18 months, or to both the fine and imprisonment, or, in the other cases, to a fine of $15,000 to $3,000,000.

O.C. 652-2013, s. 10; O.C. 997-2023, s. 11.

20.8. A person who contravenes any other obligation imposed by this Regulation also commits an offence and is liable, if no other penalty is provided for in this Division or the Environment Quality Act (chapter Q-2), to a fine of $1,000 to $100,000 in the case of a natural person, or from $3,000 to $600,000 in the other cases.

O.C. 652-2013, s. 10.

CHAPTER V FINAL PROVISIONS

21. (Revoked).

O.C. 601-93, s. 21; O.C. 652-2013, s. 11.

22. This Regulation applies to immovables in a reserved area or an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

O.C. 601-93, s. 22.

23. (Omitted).

O.C. 601-93, s. 23.

SCHEDULE I

(s. 12)

AMOUNT EXIGIBLE FOR INDUSTRIAL DISCHARGES INTO WATER AND THE ATMOSPHERE

1. The annual duties provided for in section 12 are composed, in particular, of the total of the amounts calculated for an establishment’s industrial discharges into water and the atmosphere. Those amounts are calculated in the following manner for each of the contaminants in Tables I and II:

n
∑	Tc × Fc × $9.08
c - 1

where

T = tonnage of contaminant discharged during the preceding year of operation of the establishment, in metric tons.

F = weighting factor established by contaminant discharged as provided for in Tables I and II

c = discharged contaminant referred to in Tables I and II

$9.08 = unit rate per metric ton of contaminant discharged per year

Table I

Discharges into water and weighting factor

Contaminants discharged into water (c)	Weighting factor(F)
	Contaminants discharged “into system”	Contaminants discharged “outside system”
Biochemical oxygen demand (BOD5)	0.4	2
Suspended matter (SM)	0.2	1
Aluminum (Al), iron (Fe) and manganese (Mn)	Contaminants discharged “into system” and “outside system”
	50
Arsenic (As), cadmium (Cd), chromium (Cr) and lead (Pb)	200
Absorbable halogen compounds (AHC)	100
Copper (Cu), nickel (Ni), selenium (Se) and zinc (Zn)	100
Cyanides (CN)	100
Dioxins and furans - total (PCDD-PCDF)	1,000,000
Total fluorides	50
Polycyclic aromatic hydrocarbons (PAH)	1,000
Lithium (Li), thorium (Th), titanium (Ti), vanadium (V) and uranium (U)	100
Mercury (Hg)	100,000
Radium (Ra) 226	226

Table II

Emissions into the atmosphere and weighting factor

Contaminants emitted into the atmosphere(c)	Weighting factor(F)
Sulphuric acid (H2SO4)	100
Arsenic (As) and cadmium (Cd)	50,000 (year 2024)
	75,000 (year 2025)
	100,000 (as of 2026)
Chromium (Cr) and lead (Pb)	200
Hydrogen chloride(HCl)	100
Total reduced sulphur compounds (TRS)	50
Volatile organic compounds (COV)	20
Dioxins and furans - total (PCDD-PCDF)	1,000,000
Sulphur dioxide (SO2)	4
Total fluorides	50
Polycyclic aromatic hydrocarbons (HAP)	1,000
Mercury (Hg)	100,000
Nitrogen oxides (NOx)	4
Particles (P)	1

2. For the purposes of Table I of section 1 of this Schedule,

(1) contaminants discharged “into system” means any contaminant discharged by an industrial establishment into a sewer system and treated by a municipal wastewater treatment works;

(2) contaminants discharged “outside system” means any contaminant discharged by an industrial establishment outside a sewer system or not treated by a municipal wastewater treatment works.

O.C. 601-93, Sch. A; O.C. 652-2013, s. 12; O.C. 871-2020, s. 18; O.C. 997-2023, s. 12.

SCHEDULE II

(s. 12)

AMOUNT EXIGIBLE FOR MINE TAILINGS DEPOSITED IN AN ACCUMULATION AREA

1. The annual duties provided for in section 12 are composed, in particular, of an amount calculated for an establishment’s mine tailings deposited in an accumulation area. That amount is calculated in the following manner:

Fmt × [(base amount) + ((Tmt - L) × u.r.)]

where

F = weighting factor established by category of mine tailings as provided for in Table I

mt = category of mine tailings referred to in Table I

Base amount = amount (in $) established in accordance with Table II in relation to the interval corresponding to the quantity of mine tailings deposited yearly in an accumulation area

Tmt = tonnage of mine tailings deposited in an accumulation area during the preceding year of operation of the establishment, calculated on a dry basis in metric tons

L = lower limit of the interval provided for in Table II determined in relation to the quantity of mine tailings deposited yearly in an accumulation area

u.r. = unit rate (in $ per 1,000 metric tons) established in accordance with Table II in relation to the interval corresponding to the quantity of mine tailings deposited yearly in an accumulation area

Table I

Mine tailings and weighting factor

Categories of mine tailings (mt)	Weighting factor F)
Acid-generating or cyanide-containing mine tailings	4
Inert mine tailings	0.5
Radioactive or high-risk mine tailings	6
Others	1

Table II

Applicable base amount and unit rate

Quantity of mine tailings deposited yearly in an accumulation area (in metric tons), per interval	Base amount ($)	Unit rate (in $ per 1,000 metric tons) (u.r.)
Less than 1 million	0	24.90
Equal to or greater than 1 million, but less than 10 million	24,813	31
Equal to or greater than 10 million, but less than 30 million	303,943	33.25
30 million and more	973,861	39.50

2. For the purposes of Table I of section 1 of this Schedule,

(1) Acid-generating mine tailings means mine tailings whose total sulphur content is greater than 0.3% and having any of the following characteristics:

(a) a net acid neutralization potential (NNP) less than 20 kg CaCO3/metric ton of mine tailings;

(b) a result less than 3 for the following equation:

Acid neutralization potential (NP)

Acid generation potential (AGP);

(2) Cyanide-containing mine tailings means mine tailings, originating from a process using cyanides;

(3) Inert mine tailings means mine tailings rejected through ore extraction that are not economically profitable and may not be qualified as acid-generating, radioactive or high-risk mine tailings;

(4) Radioactive mine tailings means mine tailings that emit ionizing radiations (S) and for which the result of the following equation is greater than 1:

where

C = specific activity for each radioelement present in a kilogram of mine tailings, expressed in kilobecquerels per kilogram (kBq/kg)

A = maximum specific activity mentioned in Schedule 1 to the Regulation respecting hazardous materials (chapter Q-2, r. 32) for each radioelement present in a kilogram of mine tailings, expressed in kilobecquerels per kilogram (kBq/kg)

n = radioelement present in a kilogram of mine tailings;

(5) High-risk mine tailings: mine tailings having any of the following characteristics:

(a) mine tailings that produce leachate containing contaminants in a concentration greater than those mentioned in the Table below:

Table III

High-risk mine tailings

Contaminants	Concentration (mg/L)
Arsenic (As)	5.0
Barium (Ba)	100
Boron (B)	500
Cadmium (Cd)	0.5
Chromium (Cr)	5.0
Total fluorides	150
Mercury (Hg)	0.1
Nitrates + nitrites (N-NO3+N-NO2)	1,000
Nitrites (N-NO2)	100
Lead (Pb)	5.0
Selenium (Se)	1.0
Uranium (U)	2.0

(b) mine tailings that produce leachate emitting ionizing radiations (S) and for which the result of the following equation is greater than 0.05, but equal to or less than 1;

where

C = activity concentration for each radioelement present in a kilogram of mine tailings, expressed in kilobecquerels per litre (kBq/L)

A = maximum activity concentration mentioned in Schedule 1 to the Regulation respecting hazardous materials for each radioelement present in a kilogram of mine tailings, expressed in kilobecquerels per litre (kBq/L)

n = radioelement present in a kilogram of mine tailings;

(c) mine tailings that contain more than 5 ug/kg of polychlorinated dibenzofurans or polychlorinated dibenzo [b, e] [1,4] dioxins, as calculated according to the international toxicity equivalency factors provided for in Schedule 2 to the Regulation respecting hazardous materials.

O.C. 601-93, Sch. B; O.C. 652-2013, s. 12.

TRANSITIONAL

2023

(O.C. 997-2023) SECTION 13. The authorizations issued under subparagraph 1 of the first paragraph of section 0.1 of the Regulation respecting the operation of industrial establishments prior to 1 January 2024 for the operation of an establishment that will no longer be covered by that subparagraph as of that date for the purposes of this Regulation are deemed to be issued under the second paragraph of section 22 of the Environment Quality Act (chapter Q-2) and remain valid for an indeterminate term, and the conditions prescribed therein under section 31.12 of that Act are deemed to be prescribed under section 25 of that Act.

The holder of such an authorization is still required, for its activities in the year 2023, to pay the annual duties exigible under section 12 of the Regulation respecting the operation of industrial establishments, as it read prior to 1 January 2024, in accordance with that section, as well as to submit an annual report in accordance with section 15 of that Regulation, prior to 1 June 2024.

REFERENCES

O.C. 601-93, 1993 G.O. 2, 2672

S.Q. 2002, c. 45, s. 536

O.C. 441-2008, 2008 G.O. 2, 1331

O.C. 652-2013, 2013 G.O. 2, 1726

O.C. 871-2020, 2020 G.O. 2, 2343A

O.C. 997-2023, 2023 G.O. 2, 1295