Q-2, r. 31 - Regulation respecting snow elimination sites

Updated to 1 September 2012

This document has official status.

chapter Q-2, r. 31

Regulation respecting snow elimination sites

Environment Quality Act

(chapter Q-2, ss. 31, 115.27, 115.34 and 124.1).

1. Snow that is removed and transported for elimination purposes may be placed for final deposit only at an elimination site for which a certificate of authorization has been issued under section 22 of the Environment Quality Act (chapter Q-2) or, in the case of an elimination site established before 18 September 1997, for which a depollution program has been approved by the Minister of Sustainable Development, Environment and Parks under sections 116.2 to 116.4 of that Act.

The operator of a snow elimination site established before 18 September 1997 shall, notwithstanding the foregoing, have 2 years from that date to have a depollution program for the site approved by the Minister; in the meantime, the operator may continue to receive the snow brought to the site. The depollution program shall be such that not later than the expiry of the period agreed upon in the program, which period may not extend beyond 1 November 2002, all the corrective measures provided for by the program have been applied.

The provisions of the second paragraph do not apply to the operator of a snow elimination site established in whole or in part on the shore of a body of water or the bank of a watercourse: the deposit of snow at such a site is, for the purposes of this Regulation, considered to be a discharging of snow into the body of water or the watercourse, and therefore the deposit is allowed only under the conditions provided for in section 2 which applies, with the necessary modifications.

For the purposes of this Regulation, the words “shore and “bank” have the meaning assigned by the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35).

O.C. 1063-97, s. 1; O.C. 320-2006, s. 5.

2. Notwithstanding the provisions of the first paragraph of section 1, the discharging of snow into a body of water or a watercourse is allowed under the following conditions:

(1)  the discharging of snow into the body of water or the watercourse is carried out by a person or a municipality that, during the winter period extending from November 1996 to April 1997, was already using that elimination method;

(2)  the discharging of snow into the body of water or the watercourse is done at the same place where it was done during the winter period mentioned in subparagraph 1, and in a volume that may not exceed the volume discharged during that same period;

(3)  the person or municipality mentioned in subparagraph 1 had, before 1 November 1997, the Minister of Sustainable Development, Environment and Parks approve, under sections 116.2 to 116.4 of the Environment Quality Act (chapter Q-2), a depollution program ensuring that not later than the expiry of the period agreed upon in the program, which period may not extend beyond 1 November 2000, the discharging of snow into the body of water or the watercourse will have ceased completely; and

(4)  the person or municipality covered by the depollution program mentioned in subparagraph 3 complies with the conditions of the program and pays the duties required under section 3.

The provisions of section 22 of the Environment Quality Act do not apply to the discharging of snow into a body of water or a watercourse carried out under the conditions prescribed by this section.

O.C. 1063-97, s. 2.

3. Every person or municipality governed by a depollution program referred to in section 2 shall pay, for each cubic metre of snow discharged into a body of water or watercourse during the winter period extending from November 1999 to April 2000, or deposited during that period at a snow elimination site established in whole or in part on the shore of a body of water or the bank of a watercourse, annual duties corresponding to amount d in the following formula:

d = a + b × (c/100) × (1 - Ir / It)),

“a” being the average cost of operation on an annual basis of a snow elimination site, which is established at $0.39/m3 for the purposes of this Regulation;

“b” being the average cost of development on an annual basis of a snow elimination site, which is established at $0.21/m3 for the purposes of this Regulation;

“c” being the property value index of the municipality from which the snow is removed, as computed annually by the Ministère des Affaires municipales, des Régions et de l’Occupation du territoire and published in the document entitled “Prévisions budgétaires des municipalités” (Les Publications du Québec), for the year 1998;

“Ir” being the total investments carried out under the depollution program, the expenditures of which were effectively paid before the date on which the duties became payable, namely before 31 May 2000; and

“It” being the total investments necessary to carry out the depollution program.

The total duties payable by a person or municipality under the first paragraph may not exceed a maximum of $1,000,000.

The duties shall be payable to the Minister of Finance in only 1 instalment not later than 31 May 2000. Duties not paid within the period prescribed shall bear interest, from the due date, at the rate determined according to section 28 of the Tax Administration Act (chapter A-6.002).

The payment of duties shall, in addition, be accompanied by a statement or, in the case of a municipality, a certified true copy of a resolution certifying

(1)  the volume of snow (in m3) which, during the winter period extending from November 1999 to April 2000, was discharged into a body of water or a watercourse or deposited at an elimination site established in whole or in part on the shore or bank of a body or water, calculated for each discharge site or deposit if there is more than 1; and

(2)  the total investments carried out under the depollution program, the expenditures for which were effectively paid before 31 May 2000.

O.C. 1063-97, s. 3; O.C. 488-98, s. 1.

4. A person is liable to a fine of $2,000 to $15,000 if the person,

(1)  in violation of the provisions of section 1, deposits snow elsewhere than at an elimination site in accordance with the prescriptions of that section;

(2)  owns, leases or operates a snow elimination site where snow is deposited in violation of the provisions of section 1 or 2;

(3)  discharges snow into a body of water or a watercourse, or deposits snow at an elimination site established in whole or in part on the shore of a body of water or the bank of a watercourse, in a case where the discharge or deposit does not comply with all the conditions prescribed by section 2 in order for such discharge or deposit to be allowed;

(4)  does not pay the duties payable under section 3; or

(5)  fails to provide any statement, resolution or information prescribed by section 3 or includes false or inaccurate information in such statement or resolution or causes such information to be included therein.

Where the offences referred to in the first paragraph are committed by a legal person, that person is liable to a fine of $5,000 to $100,000.

In the case of any subsequent offence, those fines shall be doubled.

O.C. 1063-97, s. 4.

5. This Regulation applies 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. 1063-97, s. 5.

6. (Omitted).

O.C. 1063-97, s. 6.

REFERENCES

O.C. 1063-97, 1997 G.O. 2, 4522

O.C. 488-98, 1998 G.O. 2, 1602

O.C. 320-2006, 2006 G.O. 2, 1344

S.Q. 2010, c. 31, s. 91