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

Updated to 28 January 2023

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 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 28 January 2023, page 61. (s. 12, Sch. I, Sch. II) (Effect from 1 January 2023)

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) applies to the following industrial establishments, defined in particular on the basis of their primary activity under the North American Industry Classification System (NAICS 1998):

(1)  an industrial establishment manufacturing pulp intended for sale or a paper product within the meaning of section 1 of the Regulation respecting pulp and paper mills (chapter Q-2, r. 27);

(2)  an industrial establishment engaged in metal ore mining (2122) and non-metallic mineral mining and quarrying (2123) if the establishment has an ore mining capacity greater than 2,000,000 metric tons per year or an ore or mine tailing processing capacity greater than 50,000 metric tons per year;

(3)  an industrial establishment engaged in clay building material and refractory manufacturing (32712) if the establishment has a refractory brick production capacity greater than 20,000 metric tons per year;

(4)  an establishment engaged in glass manufacturing (327214) if its primary activity is to manufacture flat glass;

(5)  an establishment engaged in cement manufacturing (32731) if its primary activity is to manufacture Portland cement;

(6)  an establishment engaged in lime manufacturing (32741) if its primary activity is to manufacture quicklime;

(7)  an establishment engaged in other non-metallic mineral products manufacturing (3279) if its primary activity is to manufacture silicon carbide;

(8)  an establishment engaged in iron and steel mills and ferroalloy manufacturing (33111) if its primary activity is

(a)  the production of pig iron;

(b)  the production of steel;

(c)  the production of stainless steel; or

(d)  the production of ferroalloys;

(9)  an establishment engaged in the primary production of alumina and aluminum (331313);

(10)  an establishment engaged in non-ferrous metal smelting and refining (33141).

For the purposes of this section, operations that consist in producing precious metals from ore or mine tailings are included in an establishment’s operations, operations that consist in extracting, from ores or mine tailings, an ore concentrate or another substance, and operations involving ore beneficiation, are included in ore processing operations and establishments involved in ore agglomeration are deemed to be extraction establishments.

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

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 $3,433, 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 $1,000,000;

(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 $1,000,000;

(c)  in the other cases, 100% of the lesser amount between the amount calculated in accordance with Schedule II and $1,000,000.

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

The annual duties exigible are payable by cheque or money order, made out to the Minister of Finance, prior to 1 April of the year following the year in which the duties are exigible.

The cheque or money order must be accompanied by a report containing the detailed calculation of the annual duties exigible, including the method used to determine 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.

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

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 2 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.

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 last holder of an authorization to operate an industrial establishment during a calendar year shall send to the Minister, prior to 1 April of the following year, an annual report 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.

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

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 prerequisite cessation measures to be implemented;

(3)  the monitoring measures the holder 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.

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)  send the Minister a report containing the information prescribed by the fourth paragraph of section 12;

(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)  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. 652-2013, s. 10; O.C. 871-2020, s. 16.

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 paragraph of section 12.

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

DIVISION II PENAL SANCTIONS

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

20.4. A person who contravenes the fourth paragraph of section 12 or section 14, 14.1, 15, 19 or 20 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.

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 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.

20.7. A person who, pursuant to this Regulation, makes a declaration, communicates information or files a document that is false or misleading 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.

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 × $2.35
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

$2.35 = 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), cadmium (Cd), 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.

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
Equal to or greater than 1 million, but less than 10 million	23,613	29
Equal to or greater than 10 million, but less than 30 million	289,249	31.70
30 million and more	926,781	37.70

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.

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