Q-2, r. 24 - Regulation respecting the environmental impact assessment and review applicable to a part of the northeastern Québec region

Updated to 1 December 2019

This document has official status.

chapter Q-2, r. 24

Regulation respecting the environmental impact assessment and review applicable to a part of the northeastern Québec region

Environment Quality Act

(chapter Q-2, ss. 31.1, 31.3, 31.3.1, 31.3.5, 31.3.7 and 31.9).

R.R.Q., 1981, c. Q-2, r. 10; I.N. 2019-12-01.

1. Definitions: In this Regulation, unless the context indicates otherwise,

(a)  “Act” means the Environment Quality Act (chapter Q-2);

(b)  “de Moinier region” means the territory mentioned in the second paragraph of section 31.9 of the Act.

R.R.Q., 1981, c. Q-2, r. 10, s. 1.

2. Subject projects: The projects mentioned in Schedule A of the Act and carried out in the de Moinier region comprise constructions, works, projects, plans, programs, operations or activities subject to the environmental impact assessment and review procedure provided for in subdivision 4 of Division II of Chapter IV of Title I of the Act for this region, and must be the object of an authorization issued by the Government pursuant to sections 31.1 and 31.5 of the Act.

For the purposes of this section, projects to increase, alter or modify an existing mining operation governed by subparagraph a of the first paragraph of Schedule A of the Act include, in particular, ore concentration process changes, the establishment of a mining waste dump in a new drainage basin and the setting-up of more advanced concentrate transformation processes.

R.R.Q., 1981, c. Q-2, r. 10, s. 2; O.C. 287-2018, s. 24; I.N. 2019-12-01.

3. Environmental impact assessment: Sections 4 and 5 and the first paragraph of section 7 of the Regulation respecting the environmental and social impact assessment and review procedure applicable to the territory of James Bay and Northern Québec (chapter Q-2, r. 25) apply, with the necessary modifications, to any environmental impact assessment conducted for a project to be undertaken in the de Moinier region and, for the purposes of this Regulation, the Native people governed by the said sections include the Naskapis in particular.

R.R.Q., 1981, c. Q-2, r. 10, s. 3.

4. Division III, section 6 and Division V of the Regulation respecting the environmental impact assessment and review of certain projects (chapter Q-2, r. 23.1) apply, with the necessary modifications, to projects to be undertaken in the de Moinier region and referred to in this Regulation.

R.R.Q., 1981, c. Q-2, r. 10, s. 4; O.C. 287-2018, s. 25.

5. Additional consultation: Besides the consultation methods provided for in the Regulation respecting the environmental impact assessment and review of certain projects (chapter Q-2, r. 23.1), the Minister must, immediately after making public an environmental impact assessment pursuant to the first paragraph of section 31.3 of the Act with respect to a project to be undertaken in the de Moinier region, transmit a copy thereof, as well as a copy of the related documents, to the Naskapi village referred to in subsection 13 of section 131 of the Act. The latter must transmit its comments and ask the Minister to hold a public hearing, where applicable, within 45 days following the date on which it received the file unless the Minister grants an additional delay owing to the nature or the importance of the project, in accordance with section 31.8 of the Act.

Upon failure to submit its comments within the delay prescribed pursuant to the first paragraph, the Naskapi village is deemed to have no objection to the carrying out of the project. In such a case or after receiving the comments of the Naskapi village, the file follows its course within the context of the environmental impact assessment and review procedure stipulated in sections 31.3 to 31.8 of the Act and in accordance with the Regulation respecting the environmental impact assessment and review of certain projects.

R.R.Q., 1981, c. Q-2, r. 10, s. 5; I.N. 2019-12-01.

REFERENCES

R.R.Q., 1981, c. Q-2, r. 10

O.C. 287-2018, 2018 G.O. 2, 1233A