Q-2, r. 32.2 - Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks

Updated to 1 March 2022

This document has official status.

chapter Q-2, r. 32.2

Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks

Act to establish a new development regime for the flood zones of lakes and watercourses, to temporarily grant municipalities powers enabling them to respond to certain needs and to amend various provisions

(S.Q. 2021, c. 7, s. 135).

Pesticides Act

(chapter P-9.3, ss. 101, 105 and 107).

Environment Quality Act

(chapter Q-2, ss. 31.0.6, 31.0.7, 31.0.11, 46.0.22 , 95.1, 115.27, 115.34, and 124.1).

CHAPTER I MUNICIPAL AUTHORIZATION FOR ACTIVITIES CARRIED OUT IN BODIES OF WATER

O.C. 1596-2021, c. I.

1. The object of this Chapter is to temporarily establish measures to facilitate the coming into force of some of the provisions of the Act to establish a new development regime for the flood zones of lakes and watercourses, to temporarily grant municipalities powers enabling them to respond to certain needs and to amend various provisions (S.Q. 2021, c. 7).

To complement the rules set out in the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1), this Chapter introduces a requirement, for some of the activities carried out in a body of water that are exempted pursuant to Chapter I of Title IV of Part II of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1), to obtain prior authorization from the municipality concerned.

O.C. 1596-2021, s. 1.

2. This Chapter applies to all lakes and watercourses and to their shores and banks.

It also applies to all flood zones of a lake or watercourse associated with a 20 year or 100 year flood recurrence levels and any other zone deemed to be flood zones pursuant to section 4 of the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1), the boundaries of which are, on 25 March 2021, shown by one of the following means, as the case may be:

(1)  a map approved under an agreement on mapping and flood zone protection between the Gouvernement du Québec and the Government of Canada;

(2)  a map published by the Gouvernement du Québec;

(3)  a map included in a land use and development plan or interim control by-law;

(4)  the 20 year or 100 year, or both, flood recurrence levels established by the Gouvernement du Québec;

(5)  the 20 year or 100 year, or both, flood recurrence levels referred to in a land use and development plan or interim control by-law;

(6)  any perimeter indicated on a map mentioned in Schedule 2 to Order in Council 817-2019 dated 12 July 2019, as amended by Order in Council 1260-2019 dated 18 December 2019 and by orders of the Minister of Municipal Affairs and Housing dated 2 August 2019, 23 August 2019, 25 September 2019, 23 December 2019 and 12 January 2021, excluding the territories listed in Schedule 4 to Order in Council 817-2019 dated 12 July 2019.

In the event of a conflict in the application of the various means mentioned in subparagraphs 1 to 5 of the second paragraph, the boundaries of a flood zone are established according to the most recent of those means and, subsidiarily, according to the most recent flood elevation.

O.C. 1596-2021, s. 2.

3. This Chapter applies, in particular, in a reserved area or agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

O.C. 1596-2021, s. 3.

4. Unless otherwise provided for, for the purposes of this Chapter,

(1)  the terms “watercourse”, “public security establishment”, “public institution”, “littoral zone”, “wetland”, “body of water”, “public body”, “lakeshore” and “riverbank”, and “flood zone” have the meaning assigned by the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1);

(2)  the terms “boat shelter”, “professional”, “road”, “waterworks system”, “sewer system” and “storm water management system” have the meaning assigned by the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1);

(3)  a reference to a flood zone excludes littoral zones, lakeshores and riverbanks;

(4)  a reference to an area or length is a reference to the cumulative area or length for the type of environment affected by the activity;

(5)  distances to or from a watercourse or lake are calculated horizontally from the boundary of the littoral zone;

(6)  the construction of an infrastructure, work, building or equipment includes its siting, replacement, reconstruction, substantial modification, relocation and dismantling, and any initial tree-clearing work;

(7)  a substantial modification includes a change to the structural or functional characteristics of an infrastructure, work, building or equipment; it also includes an enlargement, extension or prolongation;

(8)  a stabilization work is a work to increase the mechanical resistance of the soil or an infrastructure and protect it against erosion and landslides, excluding the approaches and protection works for bridges and culverts which form an integral part of those structures, and retaining walls;

(9)  a road is an infrastructure the right of way of which includes a roadway, shoulders and, where applicable, ditches and turning circles, but excludes a stabilization work, a railway, a bridge, a culvert, a temporary road or winter road; a road laid out by the minister responsible for the Act respecting roads (chapter V-9) is deemed to be a road and includes any related infrastructures for road traffic such as cycle paths and footbridges;

(10)  the access necessary to a main residential building or accessory building does not include a road;

(11)  a building is considered to be a main residential building where it includes at least a residential part;

(12)  a regional county municipality whose territory includes an unorganized territory is deemed to be a local municipality with respect to that territory; and

(13)  a forest development activity refers to an activity carried out elsewhere than on land in the domain of the State and specifically intended to develop and conserve forest land.

O.C. 1596-2021, s. 4.

DIVISION I ACTIVITIES REQUIRING MUNICIPAL AUTHORIZATION

O.C. 1596-2021, Div. I.

5. This Division does not apply to a municipality, government department or public body.

O.C. 1596-2021, s. 5.

6. Every person who carries out one of the following activities in the littoral zone of a lake or watercourse must obtain prior authorization from the local municipality in whose territory the activity is to be carried out:

(1)  the construction of a culvert with a total opening equal to or greater than 1.2 m and not more than 4.5 m, on the conditions set out in section 327 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1);

(2)  the construction of a stabilization work on an embankment, on the conditions set out in section 337 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact;

(3)  work to establish, modify or extend a pipe in a waterworks system, sewer system or storm water management system, or a ditch or outflow, on the conditions set out in section 338 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact;

(4)  the construction of a movable boat shelter, floating quay, open pile quay or wheeled quay with a total area, excluding the anchor points for a floating quay, of not more than 20 m2;

(5)  the laying out of a water crossing for fording with a width of not more than 7 m where the crossing point is connected to a road or trail other than a trail used for a forest development activity.

For the purposes of subparagraph 4 of the first paragraph, “construction” does not include the dismantling or removal of the shelter or quay.

O.C. 1596-2021, s. 6.

7. Every person who carries out one of the following activities on the shore or bank of a lake or watercourse must obtain prior authorization from the local municipality in whose territory the activity is to be carried out:

(1)  the construction of a road, on the conditions set out in section 325 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1);

(2)  the construction of a culvert with a total opening equal to or greater than 1.2 m and no more than 4.5 m, on the conditions set out in section 327 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact;

(3)  the construction of a stabilization work on an embankment, on the conditions set out in section 337 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact;

(4)  work to establish, modify or extend a pipe in a waterworks system, sewer system or storm water management system, or a ditch or outflow, on the conditions set out in section 338 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact;

(5)  the laying out of a water crossing for fording with a width of not more than 7 m where the crossing point is connected to a road or trail other than a trail used for a forest development activity;

(6)  the construction of a structure of not more than 5 m in width to cross a watercourse, with no support or stabilization in the littoral zone;

(7)  the reconstruction of a main residential building that has sustained damage, with the exception of damage connected with flooding or submersion, on the conditions set out in subparagraph 1 of the first paragraph and the second paragraph of section 340.2 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact;

(8)  the enlargement of a main residential building on the conditions set out in subparagraph 2 of the first paragraph and the second paragraph of section 340.2 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact;

(9)  the construction of accessory buildings and works for a main residential building, including the necessary access, on the conditions set out in subparagraph 3 of the first paragraph and the second paragraph of section 340.2 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact.

O.C. 1596-2021, s. 7.

8. Every person who carries out one of the following activities in the flood zone of a lake or watercourse must obtain prior authorization from the local municipality in whose territory the activity is to be carried out:

(1)  the construction of a road on the conditions set out in section 325 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1);

(2)  work to establish, modify or extend a pipe in a waterworks system, sewer system or storm water management system, a ditch and an outflow, on the conditions set out in section 338 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact;

(3)  the construction of any non-residential building, on the conditions set out in section 328 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact and, when carried out in a wetland situated in a flood zone, the conditions set out in section 344 and subparagraphs 2 and 3 of the first paragraph of section 345 of that Regulation;

(4)  the construction of any main residential building and its accessory buildings and works, including the necessary access, on the conditions set out in paragraph 5 of section 341 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact and, when carried out in a wetland situated in a flood zone, the conditions set out in section 344 and subparagraphs 2 and 3 of the first paragraph of section 345 of that Regulation.

O.C. 1596-2021, s. 8.

DIVISION II PROVISIONS RELATING TO MUNICIPAL AUTHORIZATION

O.C. 1596-2021, Div. II.

9. Every application for authorization for an activity referred to in this Chapter must include, in addition to any document required by the local municipality,

(1)  the name and contact information of the person planning to carry out the activity and of that person’s representative, if any;

(2)  the cadastral designation of the lot on which the activity will be carried out or, if there is no cadastral designation, the most specific possible identification of the place where the activity will be carried out;

(3)  a description of the planned activity;

(4)  the location of the planned activity, including a delimitation of the bodies of water on the lot concerned and the area of land affected by the activity;

(5)  a declaration by the person who wishes to carry out the activity or the person’s representative attesting to the compliance of the activity with the conditions applicable to the activity concerned set out in the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1), the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) and, where applicable, section 118; and

(6)  an attestation by the person who wishes to carry out the activity or the person’s representative that all the information and documents provided are accurate and complete.

O.C. 1596-2021, s. 9.

10. The application for authorization must include

(1)  when it concerns the relocation of a main residential building, a notice signed by a professional attesting that the relocation does not increase the exposure to ice;

(2)  when it concerns the construction, except the dismantling, of a main building the structure or part of the structure of which is situated below the 100 year flood recurrence level, a notice signed by a professional, showing that the building will be able to resist such a flood once the work is completed;

(3)  when it concerns work on an existing main building for which the flood-proofing measures provided for in section 38.6 of the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1), cannot be respected, a notice signed by a professional attesting that backfilling is an appropriate flood-proofing measure to replace the measures that cannot be applied and that the following conditions are met:

(a)  the presence of backfill will not increase the exposure to flooding of buildings, works and infrastructures likely to be affected by the presence of backfill;

(b)  the backfill ensures immediate protection for the building only and does not extend to the whole of the lot on which the building is situated;

(c)  the height of the backfill does not exceed the 100 year flood recurrence level;

(4)  when it concerns the reconstruction, substantial modification or relocation of a recognized or classified heritage immovable, including its protection area if any, of an immovable situated in a recognized, classified or declared heritage site under the Cultural Heritage Act (chapter P-9.002), or a building listed in an inventory carried out in accordance with section 120 of that Act,

(a)  a copy of the authorization issued by the Minister of Culture and Communications, if applicable; and

(b)  the notice provided for in the second paragraph of section 38.8 of the Regulation respecting activities in wetlands, bodies of water and sensitive areas, if applicable; and

(5)  when it concerns work on a main residential building affected by a flood in a high-velocity zone, a notice, signed by a person with professional expertise in the field, showing that the damage sustained does not exceed one half of the new-build cost for the building, excluding accessory buildings and works, and improvements to the site. The cost must be established in accordance with Part 3E of the Manuel d’évaluation foncière du Québec, adjusted to 1 July of the year preceding the year in which the building was affected by the flood.

O.C. 1596-2021, s. 10.

11. A local municipality issues an authorization pursuant to this Regulation when the activity concerned meets the conditions applicable to it under the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1) and section 118, where applicable.

O.C. 1596-2021, s. 11.

DIVISION III RENDERING OF ACCOUNT

O.C. 1596-2021, Div. III.

12. Every local municipality must keep a register of the authorizations it issues pursuant to this Regulation, specifying for each authorization

(1)  the activity authorized;

(2)  the type of body of water affected by the authorized activity, including the class of flood zone, if applicable; and

(3)  the surface area, in m2, of each type of body of water affected by the authorized activity.

The information in the register is public information and must be forwarded to the Minister on request, within the time and on the conditions the Minister specifies. The information must be kept for a period of at least 5 years.

O.C. 1596-2021, s. 12.

13. Every local municipality that must keep a register pursuant to section 12 must, not later than 31 January each year, provide to the regional county municipality whose territory includes the territory of the local municipality the information recorded in its register of authorizations for the previous year.

O.C. 1596-2021, s. 13.

14. Based on the information received pursuant to section 13 and the information concerning the authorizations it has issued, each regional county municipality must, not later than 31 March each year, publish a summary on its website setting out the following information for each local municipality in its territory and by type of body of water, including the class of flood zone, if any,

(1)  the number of authorizations issued pursuant to this Chapter;

(2)  a list of the types of activities authorized; and

(3)  the total area of land, in m2, covered by all the authorizations issued.

The summary must be posted on the website of the regional county municipality for a period of at least 5 years.

O.C. 1596-2021, s. 14.

15. For the purposes of this Division, with the necessary modifications, every local municipality whose territory is not included in the territory of a regional county municipality is deemed to be a regional county municipality.

However, where the territory of a local municipality referred to in the first paragraph is included in the territory of an agglomeration within the meaning of the Act respecting the exercise of certain municipal powers in certain urban agglomerations (chapter E-20.001), the functions allocated in this Division to a regional county municipality come under the jurisdiction of the agglomeration.

O.C. 1596-2021, s. 15.

DIVISION IV ADMINISTRATIVE PROVISIONS AND OFFENCES

O.C. 1596-2021, Div. IV.

16. A monetary administrative penalty of $1,000 may be imposed on any municipality that

(1)  fails to provide information or a document required under this Regulation or to comply with the time limits and procedure for filing, if no other monetary administrative penalty is provided for such a case;

(2)  fails to keep the information and documents it is required to prepare or obtain for the required time;

(3)  fails to keep the register provided for in section 12; or

(4)  fails to post the summary of authorizations as provided for in section 14.

O.C. 1596-2021, s. 16.

17. Every municipality that

(1)  refuses or neglects to provide information or a document required under this Regulation or to comply with the time limits and procedure for filing, if no other sanction is provided for such a case,

(2)  fails to keep the information and documents it is required to prepare or obtain for the required time,

(3)  fails to keep the register provided for in section 12, or

(4)  fails to post the summary of authorizations as provided for in section 14,

commits an offence and is liable to a fine of $3,000 to $600,000.

O.C. 1596-2021, s. 17.

18. Every person who fails to comply with any standard, condition, restriction, prohibition or requirement connected with an authorization issued by a municipality pursuant to this Regulation commits an offence and is liable to a fine of $2,500 to $250,000 in the case of a natural person and $7,500 to $1,500,000 in any other case.

O.C. 1596-2021, s. 18.

19. Every person who

(1)  makes a declaration, provides information or files a document that is false or misleading; or

(2)  carries out an activity without obtaining prior authorization issued by a municipality pursuant to section 6, 7 or 8;

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

O.C. 1596-2021, s. 19.

CHAPTER II PROVISIONS AMENDING THE RULES APPLICABLE TO THE CARRYING OUT OF CERTAIN ACTIVITIES IN WETLANDS, BODIES OF WATER AND SENSITIVE AREAS

O.C. 1596-2021, c. II.

Regulation respecting activities in wetlands, bodies of water and sensitive areas

20. (Amendment integrated into c. Q-2, r. 0.1, s. 1).

O.C. 1596-2021, s. 20.

21. (Amendments integrated into c. Q-2, r. 0.1, s. 2).

O.C. 1596-2021, s. 21.

22. (Amendments integrated into c. Q-2, r. 0.1, s. 3).

O.C. 1596-2021, s. 22.

23. (Amendment integrated into c. Q-2, r. 0.1, s. 3.1).

O.C. 1596-2021, s. 23.

24. (Amendments integrated into c. Q-2, r. 0.1, s. 4).

O.C. 1596-2021, s. 24.

25. (Amendments integrated into c. Q-2, r. 0.1, s. 5).

O.C. 1596-2021, s. 25.

26. (Amendment integrated into c. Q-2, r. 0.1, s. 7).

O.C. 1596-2021, s. 26.

27. (Amendment integrated into c. Q-2, r. 0.1, s. 8.1).

O.C. 1596-2021, s. 27.

28. (Amendments integrated into c. Q-2, r. 0.1, ss. 9, 11, 12, 14, 25, heading of c. V and s. 37).

O.C. 1596-2021, s. 28.

29. (Amendment integrated into c. Q-2, r. 0.1, heading of Div. II of c. III).

O.C. 1596-2021, s. 29.

30. (Amendments integrated into c. Q-2, r. 0.1, ss. 18, 34, 37 and 41).

O.C. 1596-2021, s. 30.

31. (Amendment integrated into c. Q-2, r. 0.1, s. 18.1).

O.C. 1596-2021, s. 31.

32. (Amendment integrated into c. Q-2, r. 0.1, s. 19).

O.C. 1596-2021, s. 32.

33. (Amendment integrated into c. Q-2, r. 0.1, s. 22).

O.C. 1596-2021, s. 33.

34. (Amendments integrated into c. Q-2, r. 0.1, Div. III of c. III).

O.C. 1596-2021, s. 34.

35. (Amendments integrated into c. Q-2, r. 0.1, ss. 25 and 53).

O.C. 1596-2021, s. 35.

36. (Amendments integrated into c. Q-2, r. 0.1, s. 29).

O.C. 1596-2021, s. 36.

37. (Amendments integrated into c. Q-2, r. 0.1, s. 31).

O.C. 1596-2021, s. 37.

38. (Amendment integrated into c. Q-2, r. 0.1, Div. VII of c. III).

O.C. 1596-2021, s. 38.

39. (Amendment integrated into c. Q-2, r. 0.1, s. 33).

O.C. 1596-2021, s. 39.

40. (Amendments integrated into c. Q-2, r. 0.1, Div. VIII of c. III and c. III.1).

O.C. 1596-2021, s. 40.

41. (Amendment integrated into c. Q-2, r. 0.1, Div. I of c. IV).

O.C. 1596-2021, s. 41.

42. (Amendment integrated into c. Q-2, r. 0.1, s. 35).

O.C. 1596-2021, s. 42.

43. (Amendments integrated into c. Q-2, r. 0.1, Div. I.1 of c. IV).

O.C. 1596-2021, s. 43.

44. (Amendment integrated into c. Q-2, r. 0.1, heading of Div. I of c. V).

O.C. 1596-2021, s. 44.

45. (Amendment integrated into c. Q-2, r. 0.1, s. 37.1).

O.C. 1596-2021, s. 45.

46. (Amendment integrated into c. Q-2, r. 0.1, heading of Div. II of c. V).

O.C. 1596-2021, s. 46.

47. (Amendment integrated into c. Q-2, r. 0.1, Sd. 1 of Div. II of c. V).

O.C. 1596-2021, s. 47.

48. (Amendments integrated into c. Q-2, r. 0.1, s. 38).

O.C. 1596-2021, s. 48.

49. (Amendments integrated into c. Q-2, r. 0.1, ss. 38.1 to 38.11).

O.C. 1596-2021, s. 49.

50. (Amendments integrated into c. Q-2, r. 0.1, ss. 39 and 40).

O.C. 1596-2021, s. 50.

51. (Amendment integrated into c. Q-2, r. 0.1, heading of Div. II of c. VI).

O.C. 1596-2021, s. 51.

52. (Amendment integrated into c. Q-2, r. 0.1, s. 43.1).

O.C. 1596-2021, s. 52.

53. (Amendment integrated into c. Q-2, r. 0.1, Div. III of c. VI).

O.C. 1596-2021, s. 53.

54. (Amendments integrated into c. Q-2, r. 0.1, s. 51).

O.C. 1596-2021, s. 54.

55. (Amendments integrated into c. Q-2, r. 0.1, s. 53).

O.C. 1596-2021, s. 55.

56. (Amendment integrated into c. Q-2, r. 0.1, s. 56).

O.C. 1596-2021, s. 56.

57. (Amendment integrated into c. Q-2, r. 0.1, s. 58).

O.C. 1596-2021, s. 57.

58. (Amendment integrated into c. Q-2, r. 0.1, s. 59.1).

O.C. 1596-2021, s. 58.

59. (Amendment integrated into c. Q-2, r. 0.1, Sch. I).

O.C. 1596-2021, s. 59.

Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact

60. (Amendment integrated into c. Q-2, r. 17.1, s. 2).

O.C. 1596-2021, s. 60.

61. (Amendment integrated into c. Q-2, r. 17.1, s. 2.1).

O.C. 1596-2021, s. 61.

62. (Amendment integrated into c. Q-2, r. 17.1, s. 3).

O.C. 1596-2021, s. 62.

63. (Amendments integrated into c. Q-2, r. 17.1, s. 4).

O.C. 1596-2021, s. 63.

64. (Amendments integrated into c. Q-2, r. 17.1, ss. 24, 54, 320, 322, 325 and 336).

O.C. 1596-2021, s. 64.

65. (Amendments integrated into c. Q-2, r. 17.1, s. 252).

O.C. 1596-2021, s. 65.

66. (Amendments integrated into c. Q-2, r. 17.1, s. 313).

O.C. 1596-2021, s. 66.

67. (Amendments integrated into c. Q-2, r. 17.1, s. 324).

O.C. 1596-2021, s. 67.

68. (Amendments integrated into c. Q-2, r. 17.1, s. 328).

O.C. 1596-2021, s. 68.

69. (Amendments integrated into c. Q-2, r. 17.1, s. 331).

O.C. 1596-2021, s. 69.

70. (Amendments integrated into c. Q-2, r. 17.1, s. 332).

O.C. 1596-2021, s. 70.

71. (Amendment integrated into c. Q-2, r. 17.1, s. 333).

O.C. 1596-2021, s. 71.

72. (Amendment integrated into c. Q-2, r. 17.1, s. 334).

O.C. 1596-2021, s. 72.

73. (Amendment integrated into c. Q-2, r. 17.1, s. 335.1).

O.C. 1596-2021, s. 73.

74. (Amendments integrated into c. Q-2, r. 17.1, s. 339).

O.C. 1596-2021, s. 74.

75. (Amendment integrated into c. Q-2, r. 17.1, s. 340.1).

O.C. 1596-2021, s. 75.

76. (Amendment integrated into c. Q-2, r. 17.1, s. 340.2).

O.C. 1596-2021, s. 76.

77. (Amendments integrated into c. Q-2, r. 17.1, s. 341).

O.C. 1596-2021, s. 77.

78. (Amendment integrated into c. Q-2, r. 17.1, s. 343.2).

O.C. 1596-2021, s. 78.

79. (Amendment integrated into c. Q-2, r. 17.1, s. 344).

O.C. 1596-2021, s. 79.

80. (Amendments integrated into c. Q-2, r. 17.1, s. 345).

O.C. 1596-2021, s. 80.

81. (Amendment integrated into c. Q-2, r. 17.1, s. 345.1).

O.C. 1596-2021, s. 81.

Agricultural Operations Regulation

82. (Amendment integrated into c. Q-2, r. 26, s. 2).

O.C. 1596-2021, s. 82.

83. (Amendment integrated into c. Q-2, r. 26, s. 2.1).

O.C. 1596-2021, s. 83.

84. (Amendment integrated into c. Q-2, r. 26, s. 3).

O.C. 1596-2021, s. 84.

85. (Amendment integrated into c. Q-2, r. 26, s. 4).

O.C. 1596-2021, s. 85.

86. (Amendments integrated into c. Q-2, r. 26, s. 6).

O.C. 1596-2021, s. 86.

87. (Amendments integrated into c. Q-2, r. 26, s. 30).

O.C. 1596-2021, s. 87.

88. (Amendment integrated into c. Q-2, r. 26, s. 43.5).

O.C. 1596-2021, s. 88.

89. (Amendments integrated into c. Q-2, r. 26, s. 43.6).

O.C. 1596-2021, s. 89.

90. (Amendment integrated into c. Q-2, r. 26, s. 44.6).

O.C. 1596-2021, s. 90.

91. (Amendment integrated into c. Q-2, r. 26, ss. 56.1 to 56.7).

O.C. 1596-2021, s. 91.

92. (Amendments integrated into c. Q-2, r. 26, ss. 19, 28.1, 29, 33, 34 and 44.7).

O.C. 1596-2021, s. 92.

Pesticides Management Code

93. (Amendment integrated into c. P-9.3, r. 1, s. 1).

O.C. 1596-2021, s. 93.

94. (Amendment integrated into c. P-9.3, r. 1, s. 1.1).

O.C. 1596-2021, s. 94.

95. (Amendment integrated into c. P-9.3, r. 1, s. 4).

O.C. 1596-2021, s. 95.

96. (Amendment integrated into c. P-9.3, r. 1, s. 15).

O.C. 1596-2021, s. 96.

97. (Amendment integrated into c. P-9.3, r. 1, s. 16).

O.C. 1596-2021, s. 97.

98. (Amendments integrated into c. P-9.3, r. 1, s. 17).

O.C. 1596-2021, s. 98.

99. (Amendment integrated into c. P-9.3, r. 1, s. 22).

O.C. 1596-2021, s. 99.

100. (Amendment integrated into c. P-9.3, r. 1, s. 29).

O.C. 1596-2021, s. 100.

101. (Amendment integrated into c. P-9.3, r. 1, s. 30).

O.C. 1596-2021, s. 101.

102. (Amendment integrated into c. P-9.3, r. 1, s. 35).

O.C. 1596-2021, s. 102.

103. (Amendments integrated into c. P-9.3, r. 1, s. 59).

O.C. 1596-2021, s. 103.

104. (Amendment integrated into c. P-9.3, r. 1, s. 75).

O.C. 1596-2021, s. 104.

105. (Amendment integrated into c. P-9.3, r. 1, s. 80).

O.C. 1596-2021, s. 105.

106. (Amendments integrated into c. P-9.3, r. 1, s. 86).

O.C. 1596-2021, s. 106.

107. (Amendment integrated into c. P-9.3, r. 1, ss. 88.1 to 88.3).

O.C. 1596-2021, s. 107.

CHAPTER III INTERPRETIVE PROVISIONS TO ENSURE CONCORDANCE

O.C. 1596-2021, c. III.

108. The terms defined in the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1), including the term “flood zone”, apply to the following regulations:

(1)  Regulation respecting standards of practice for location certificates (chapter A-23, r. 10);

(2)  Construction Code (chapter B-1.1, r. 2);

(3)  Safety Code (chapter B-1.1, r. 3);

(4)  Regulation respecting wildlife habitats (chapter C-61.1, r. 18);

(5)  Regulation respecting threatened or vulnerable plant species and their habitats (chapter E-12.01, r. 3)

(6)  Regulation respecting food (chapter P-29, r. 1);

(7)  Regulation respecting compensation for adverse effects on wetlands and bodies of water (chapter Q-2, r. 9.1);

(8)  Regulation respecting the burial of contaminated soils (chapter Q-2, r. 18);

(9)  Regulation respecting the landfilling and incineration of residual materials (chapter Q-2, r. 19);

(10)  Regulation respecting used tire storage (chapter Q-2, r. 20);

(11)  Regulation respecting the environmental impact assessment and review of certain projects (chapter Q-2, r. 23.1);

(12)  Regulation respecting pulp and paper mills (chapter Q-2, r. 27);

(13)  Snow, Road Salt and Abrasives Management Regulation (chapter Q-2, r. 28.2);

(14)  Water Withdrawal and Protection Regulation (chapter Q-2, r. 35.2);

(15)  Regulation respecting contaminated soil storage and contaminated soil transfer stations (chapter Q-2, r. 46);

(16)  Regulation respecting the reclamation of residual materials (chapter Q-2, r. 49).

O.C. 1596-2021, s. 108.

109. Unless the context indicates otherwise, in all laws and all regulations, a reference to the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35) is deemed to be a reference to the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1).

O.C. 1596-2021, s. 109.

110. Unless the context indicates otherwise, the term “flood zone” replaces the following terms, including the plural forms, in the regulations listed in section 108:

(1)  flood zone;

(2)  flood plain;

(3)  floodplain;

(4)  flood-plain.

O.C. 1596-2021, s. 110.

111. Unless the context indicates otherwise, the term “high-velocity flood zone” replaces the following terms, including the plural forms, in the regulations listed in section 108:

(1)  20-year flood event;

(2)  20-year flood zone;

(3)  flood area having a flood recurrence interval of 0 to 20 years;

(4)  floodplain having a flood recurrence interval of 0 to 20 years;

(5)  floodplain having a flood recurrence interval of 20 years;

(6)  identified floodplain of a lake or watercourse unless the 20 year and 100 year flood recurrence intervals have been distinguished;

(7)  floodplain whose 20 year and 100 year flood recurrence intervals are not distinguished;

(8)  floodplain associated with a flood recurrence of 20 years;

(9)  high-velocity zone.

O.C. 1596-2021, s. 111.

112. Unless the context indicates otherwise, the term “low-velocity flood zone” replaces the following terms, including the plural forms, in the regulations listed in section 108:

(1)  100-year flood line or 100-year flood plain;

(2)  floodplain with a 100 year flood recurrence level;

(3)  floodplain associated with a flood recurrence of 100 years;

(4)  flood area having a flood recurrence interval of 20 to 100 years.

O.C. 1596-2021, s. 112.

113. Unless the context indicates otherwise, the term “boundary of the littoral zone” replaces the following terms, including the plural forms, in the regulations listed in section 108:

(1)  high-water mark;

(2)  high-water level;

(3)  natural high-water mark, with respect to the ocean, a watercourse or a lake;

(4)  natural high-water mark.

O.C. 1596-2021, s. 113.

CHAPTER IV OTHER TRANSITIONAL MEASURES AND FINAL PROVISIONS

O.C. 1596-2021, c. IV.

114. Municipalities are responsible for the application of Chapter I, except sections 14, 16 and 17. They are also responsible for the application of sections 118 and 120.

O.C. 1596-2021, s. 114.

115. Sections 13 and 14 apply from 1 January 2023.

For the purposes of section 13, the information that must be forwarded to a regional county municipality for the first time on 31 January 2023 must cover the period from 1 March 2022 to 1 January 2023.

For the purposes of section 14, the first summary that a regional county municipality must publish on its website must cover the period from 1 March 2022 to 1 January 2023.

O.C. 1596-2021, s. 115.

116. Chapter I applies to applications filed before 1 March 2022 with a municipality for an activity to which this Regulation applies.

O.C. 1596-2021, s. 116.

117. Section 118.3.3 of the Environment Quality Act (chapter Q-2) does not apply to a municipality that regulates any of the following matters for the application of the by-law concerned:

(1)  the free flow of water, except culverts referred to in sections 6 and 7;

(2)  the management of vegetation in the lakeshore or riverbank;

(3)  the laying out of a trail or stairway providing access to water;

(4)  the distance of a strip of a lake, watercourse, wetland or ditch in which it is prohibited to spread fertilizers under section 30 of the Agricultural Operations Regulation (chapter Q-2, r. 26), as amended by section 87 of this Regulation.

The first paragraph does not exempt a municipality from applying a provision of the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1) that it is required to apply in accordance with section 59.1 of that Regulation, as introduced by section 58 of this Regulation.

O.C. 1596-2021, s. 117.

118. Despite the second paragraph of section 2, the flood zones delimited in the Règlement de contrôle intérimaire de la Communauté métropolitaine de Montréal numéro 2019-78 concernant les plaines inondables et les territoires à risque d’inondation, in force on 9 October 2019, do not apply in the territories of Municipalité de Pointe-Calumet, Ville de Sainte-Marthe-sur-le-Lac and Ville de Deux-Montagnes.

In addition, in any part of the territories of Municipalité de Pointe-Calumet, Ville de Sainte-Marthe-sur-le-Lac and Ville de Deux-Montagnes that is included in the perimeter referred to in subparagraph 6 of the second paragraph of section 2, excluding any high-velocity flood zone that could be therein, the construction and reconstruction of a building is permitted, without flood-proofing, despite any provision to the contrary in this Regulation.

Despite the second paragraph, it is prohibited to build a building on any part of land that is included in the perimeter referred to in subparagraph 6 of the second paragraph of section 2 and that is vacant

(1)  on 1 April 2017 in the territory of Ville de Deux-Montagnes or Municipalité de Pointe-Calumet; and

(2)  on 1 April 2019 in the territory of Ville de Sainte-Marthe-sur-le-Lac.

The prohibition provided for in the third paragraph also applies to the parts of the territories of Municipalité de Pointe-Calumet and Ville de Sainte-Marthe-sur-le-Lac described in Schedule 4 of the Order in Council referred to in subparagraph 6 of the second paragraph of section 2 and included in the zone of the highest water level reached during the flood of May 2017, as delimited in the Regulation referred to in the first paragraph.

For the purposes of this section, land is vacant if, on the date indicated, it has no buildings, or it has one or more buildings whose total value is less than 10% of the value of the land according to the property assessment roll in force on that date.

O.C. 1596-2021, s. 118.

119. A monetary administrative penalty of $1,500 in the case of a natural person and $7,500 in any other case may be imposed on every person who constructs a building when it is prohibited in contravention of the third and fourth paragraphs of section 118.

O.C. 1596-2021, s. 119; I.N. 2022-03-01.

120. Every person who contravenes the third and fourth paragraphs of section 118 commits an offence and is liable to a fine of $10,000 to $500,000 in the case of a natural person and $40,000 to $3,000,000 in any other case.

O.C. 1596-2021, s. 120.

121. Despite section 2, the boundaries of the flood zones established on a map integrated into a land use planning and development plan or an interim control by-law between 25 March 2021 and 23 June 2021 are recognized for the purposes of this Regulation.

O.C. 1596-2021, s. 121.

122. Order in Council 964-2011 dated 21 September 2011 concerning the declaration of a special planning zone in the territory of the regional county municipalities of La Vallée-du-Richelieu, Haut-Richelieu, Brome-Missisquoi and Rouville, including the land use planning and development controls it provides for, ceases to have effect on 1 March 2022.

O.C. 1596-2021, s. 122.

123. Order in Council 817-2019 dated 12 July 2019 respecting the declaration of a special planning zone to promote better management of flood zones, as amended by Order in Council 1260-2019 dated 18 December 2019 and by orders of the Minister of Municipal Affairs and Housing dated 2 August 2019, 23 August 2019, 25 September 2019, 23 December 2019 and 12 January 2021, and, including the land use planning and development rules it introduces, ceases to have effect on 1 March 2022.

However, the first paragraph does not relieve a municipality of its obligation to file with the Minister of Municipal Affairs and Housing any report on administration required pursuant to Order in Council 817-2019 dated 12 July 2019 for the period preceding 1 March 2022. The same applies with respect to any requirement to provide the information needed to produce a report on administration in accordance with the Order in Council.

O.C. 1596-2021, s. 123.

124. Every application for the issue, amendment or renewal of ministerial authorization filed with the Minister under the Environment Quality Act (chapter Q-2) that is pending on 1 March 2022 remains active and is decided on in accordance with this Regulation.

When an application concerns an activity that is exempted from ministerial authorization on 1 March 2022, the application remains active and is decided on only with respect to the activities that remain subject to ministerial authorization or an amendment thereto pursuant to the Environment Quality Act. The fee for the part of the application concerning such an activity may be reimbursed on request.

O.C. 1596-2021, s. 124.

125. A person or municipality that, before 1 March 2022, filed an application for the issue, amendment or renewal of a ministerial authorization under the Environment Quality Act (chapter Q-2) is not required to send the new information and documents added to section 331 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) by section 69 of this Regulation.

O.C. 1596-2021, s. 125.

126. A person or municipality that, on 1 March 2022, is awaiting the issue, amendment or renewal of a ministerial authorization under the Environment Quality Act (chapter Q-2) for an activity that, beginning on that date, is eligible for a declaration of compliance, may file a declaration of compliance for that activity with the Minister.

The documents required for the declaration of compliance that have already been filed for the application for authorization, amendment or renewal need not be filed again.

The fee for the declaration of compliance is not payable if the fee for authorization, amendment or renewal has been deposited.

O.C. 1596-2021, s. 126.

127. A person or municipality that, before 1 March 2022, has filed a declaration of compliance in accordance with the Environment Quality Act (chapter Q-2) and that, on that date, has not yet carried out the activity covered by the declaration of compliance, may comply with the conditions of eligibility for a declaration of compliance set out in the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) that applied to that activity when the declaration of compliance was filed with the Minister.

O.C. 1596-2021, s. 127.

128. A person or municipality wishing to carry out work on a bridge is not required, for an application for the issue, amendment or renewal filed before 31 December 2022, to provide to the Minister, in support of the application, the information and documents required under subparagraph 4 of the first paragraph of section 331 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1), as amended by section 69 of this Regulation.

O.C. 1596-2021, s. 128.

129. The Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35) is revoked.

O.C. 1596-2021, s. 129.

130. (Omitted).

O.C. 1596-2021, s. 130.

REFERENCES

O.C. 1596-2021, 2022 G.O. 2, 6