Q-2, r. 7.1 - Regulation respecting sand pits and quarries

Updated to 31 December 2020

This document has official status.

chapter Q-2, r. 7.1

Regulation respecting sand pits and quarries

Environment Quality Act

(chapter Q-2, ss. 20, 22, 23, 30, 31, 31.0.5, 31.0.6, 31.0.7, 70, 95, 95.1, 115.27 and 115.34).

CHAPTER I SCOPE AND DEFINITIONS

O.C. 236-2019, c. I.

1. This Regulation applies to any pit or quarry operated for commercial or industrial purposes, to fulfil contractual obligations or for the construction, repair or maintenance of roads, dikes or dams.

A site where consolidated surface mineral substances are mined is considered to be a quarry.

A site where non-consolidated surface mineral substances are mined from a natural deposit is considered to be a sand pit.

Excavations and other work carried out to establish or enlarge the right-of-way or foundations of any construction or any playground, municipal park or parking and work that constitutes agricultural activities within the meaning of subparagraph 0.1 of the first paragraph of section 1 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) and work carried out for a purpose other than agricultural which, in accordance with the conditions provided for in a regulation made under section 80 of that Act, may be carried out without being authorized under that Act, are not considered to be the operation of a sand pit or quarry.

This Regulation does not apply to a sand pit located on lands in the domain of the State, operated for carrying out forest management work within the meaning of paragraph 1 of section 4 of the Sustainable Forest Development Act (chapter A-18.1) and governed by the Regulation respecting the sustainable development of forests in the domain of the State (chapter A-18.1, r. 0.01) in particular for the construction, improvement, repair, maintenance or closure of a public forest road, or to a quarry or sand pit operated on land intended to be flooded by reason of a hydraulic or hydro-electric project.

This Regulation applies in particular in a reserved area and in an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities.

O.C. 236-2019, s. 1.

2. For the purposes of this Regulation, unless otherwise indicated by the context,

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

“ambient noise” means the total noise present in a given situation, at a certain time, usually composed of noise emitted by several near and remote sources; (bruit ambiant)

“dwelling” means any construction intended to lodge persons and connected to individual or collective systems for the supply of drinking water and the treatment of waste water; (habitation)

“Minister” means the Minister responsible for the administration of the Environment Quality Act; (ministre)

“overburden” means any material covering the surface mineral substances of a quarry or sand pit and that is removed so that the substance may be mined, except topsoil within the meaning of subparagraph 16 of the first paragraph of section 0.1 of the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1); (découverte)

“particles” means any substance that is finely divided, in liquid or solid form, in suspension in a gaseous environment, except water non-chemically bound; (particules)

“particular noise” means a component of the ambient noise that may be specifically identified and is associated with the activities carried out in the quarry or sand pit; (bruit particulier)

“professional” means a professional within the meaning of section 1 of the Professional Code (chapter C-26); is considered to be a professional a person authorized by a professional order to carry out an activity carried out by a professional who is a member of the order; (professionnel)

“public institution” means any of the following institutions:

“correctional facility” means any facility used for the detention of persons and governed by the Act respecting the Québec correctional system (chapter S-40.1); (établissement de détention)

“educational institution” means any institution providing preschool, elementary or secondary education and governed by the Education Act (chapter I-13.3) or by the Education Act for Cree, Inuit and Naskapi Native Persons (chapter I-14), a private educational institution governed by the Act respecting private education (chapter E-9.1), an institution whose instructional program is the subject of an international agreement within the meaning of the Act respecting the Ministère des Relations internationales (chapter M-25.1.1), a general and vocational college, a university, a research institute, a superior school or an educational institution of which more than one-half of the operating expenditures are paid out of the appropriations voted by the National Assembly, and for the purposes of this Regulation, includes childcare centres and day care centres governed by the Educational Childcare Act (chapter S-4.1.1); (établissement d’enseignement)

“health and social services institution” means any health and social services institution governed by the Act respecting health services and social services (chapter S-4.2) or by the Act respecting health services and social services for Cree Native persons (chapter S-5). For the purposes of this Regulation, any other place where lodging services are provided for senior citizens or for any users entrusted by a public institution governed by any of the aforementioned Acts is also a health and social services institution; (établissement de santé et de services sociaux)

“tourist establishment” means an establishment which offers to the public restaurant services or sleeping accommodations, including the rental of camping spaces. (établissement touristique)

For the purposes of this Regulation, tourist information offices, museums, ski stations, holiday camps, outdoor recreation areas, public beaches, rest areas, golf courses, marinas and sites with guided tourist visits are deemed to be tourist establishments; (établissement public)

“public road” means a public highway within the meaning of section 4 of the Highway Safety Code (chapter C-24.2); (voie publique)

“reference noise level ” means a particular noise to which a corrective term may be added; (niveau acoustique d’évaluation)

“residual noise” means noise that lingers at a given place, in a given situation, when the particular noise is eliminated from the ambient noise; (bruit résiduel)

“surface mineral substances” means one of the substances referred to in the definition of “surface mineral substances” provided for in section 1 of the Mining Act (chapter M-13.1), except for peat. (substance minérale de surface)

O.C. 236-2019, s. 2; O.C. 871-2020, s. 1.

CHAPTER II

(Revoked)

O.C. 236-2019, c. II; O.C. 871-2020, s. 2.

DIVISION I

(Revoked)

O.C. 236-2019, Div. I; O.C. 871-2020, s. 2.

3. (Revoked).

O.C. 236-2019, s. 3; O.C. 871-2020, s. 2.

4. (Revoked).

O.C. 236-2019, s. 4; O.C. 871-2020, s. 2.

5. (Revoked).

O.C. 236-2019, s. 5; O.C. 871-2020, s. 2.

DIVISION II

(Revoked)

O.C. 236-2019, Div. II; O.C. 871-2020, s. 2.

6. (Revoked).

O.C. 236-2019, s. 6; O.C. 871-2020, s. 2.

7. (Revoked).

O.C. 236-2019, s. 7; O.C. 871-2020, s. 2.

8. (Revoked).

O.C. 236-2019, s. 8; O.C. 871-2020, s. 2.

CHAPTER III

(Revoked)

O.C. 236-2019, c. III; O.C. 871-2020, s. 2.

DIVISION I

(Revoked)

O.C. 236-2019, Div. I; O.C. 871-2020, s. 2.

9. (Revoked).

O.C. 236-2019, s. 9; O.C. 871-2020, s. 2.

10. (Revoked).

O.C. 236-2019, s. 10; O.C. 871-2020, s. 2.

DIVISION II

(Revoked)

O.C. 236-2019, Div. II; O.C. 871-2020, s. 2.

11. (Revoked).

O.C. 236-2019, s. 11; O.C. 871-2020, s. 2.

12. (Revoked).

O.C. 236-2019, s. 12; O.C. 871-2020, s. 2.

CHAPTER IV SITING STANDARDS

O.C. 236-2019, c. IV.

13. A quarry or sand pit must not be located in any of the following territories, as described in Schedule I:

(1)  mont Saint-Bruno;

(2)  mont St-Hilaire;

(3)  mont Rougement;

(4)  mont Saint-Grégoire;

(5)  mont Yamaska;

(6)  mont Brome;

(7)  mont Shefford.

The first paragraph does not apply to a quarry or sand pit that was located in one of the territories on 17 August 1977. It also does not apply to a quarry or sand pit located therein after 18 April 2019, following an enlargement on land that belonged, on 17 August 1977, to the owner of the quarry or sand pit or to a person related to that owner within the meaning of section 4 of the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3).

O.C. 236-2019, s. 13.

14. A quarry or sand pit must not be situated

(1)  in the inner protection zones of a category 1 groundwater withdrawal within the meaning of the Water Withdrawal and Protection Regulation (chapter Q-2, r. 35.2);

(2)  in the intermediate or outer protection zones of a category 1 surface water withdrawal within the meaning of that Regulation; or

(3)  in the inner and intermediate protection zones of a category 1 groundwater withdrawal within the meaning of that Regulation.

Subparagraph 2 of the first paragraph applies as of 1 April 2021, except

(1)  to a quarry or sand pit that, on that date, is already situated in one of the protection zones referred to in that subparagraph; and

(2)  to a quarry or sand pit that is situated in one of the protection zones referred to in that subparagraph following an enlargement, after that date, on land that belonged, before that same date, to the owner of the quarry or sand pit if it was already situated in that zone.

Subparagraph 3 of the first paragraph does not apply to a quarry or sand pit that is situated in one of the zones referred to in that subparagraph on 18 April 2019.

O.C. 236-2019, s. 14.

15. A quarry or sand pit must be located at a minimum distance of 30 m from a lake, a steady-flow watercourse, a riparian shrub swamp of one of those environments or a marsh and 100 m from an open peatland situated south of the 50th parallel and 30 m from such a peatland situated north of the 50th parallel.

The first paragraph does not prevent the operation of a quarry or sand pit within the distances prescribed in that paragraph in the following cases:

(1)  the quarry or sand pit was established before 17 August 1977 and activities related to that operation were already carried out within those distances on 18 April 2019. From that date, the distance between the site of the activities and the environment concerned must however be maintained;

(2)  the quarry or sand pit has been authorized to operate within those distances before 18 April 2019.

In the case referred to in subparagraph 1 of the second paragraph, the operator of the quarry or sand pit must, not later than on 18 April 2022, cause a georeferenced plan to be prepared by a professional or the holder of a university degree in biology or environmental science who has the qualifications required in the field, indicating the distance between the site of the activities and the environment concerned. The plan must be kept until 18 months following the closure of the quarry or sand pit and be provided to the Minister on request.

O.C. 236-2019, s. 15.

16. A quarry or sand pit must be located at a minimum distance of 100 m from the following locations:

(1)  an ecological reserve constituted or proposed under the Natural Heritage Conservation Act (chapter C-61.01) or any other natural environment designated by a plan under that Act;

(2)  a park governed by the Parks Act (chapter P-9);

(3)  a habitat of a threatened or vulnerable wildlife or plant species that is demarcated on a chart prepared under the Act respecting the conservation and development of wildlife (chapter C-61.1) or the Act respecting threatened or vulnerable species (chapter E-12.01).

O.C. 236-2019, s. 16.

17. A private access road to a quarry or sand pit must be located at a minimum distance of 25 m from any dwelling and public institution.

The first paragraph does not apply to a private access road of a quarry or sand pit established before 17 August 1977 that is laid out within the distance provided for in the first paragraph on 18 April 2019. From that date, the distance between the access road and the dwellings and public institutions concerned must however be maintained.

O.C. 236-2019, s. 17.

18. A quarry or sand pit must be located at a minimum distance of 35 m from any public road.

In addition, where the strip of land outdistancing the quarry or sand pit from the public road belongs to the owner of that quarry or sand pit, it must remain wooded if that land is wooded.

The first and second paragraphs do not apply to quarries and sand pits situated north of the 55th parallel.

The first paragraph does not prevent the operation of a quarry or sand pit established before 17 August 1977 within the distance provided for in that paragraph if activities related to that operation were already carried out on 18 April 2019. From that date, the distance between the site of the activities and the public road must however be maintained.

O.C. 236-2019, s. 18.

19. A quarry or sand pit must be located at a minimum distance of 10 m from any land belonging to a person other than the owner of that quarry or sand pit, unless either one is also in operation on that land.

The first paragraph does not prevent the operation of a quarry or sand pit established before 17 August 1977 within the distance provided for in the first paragraph on 18 April 2019. From that date, the distance between the site of its activities and the land must however be maintained.

O.C. 236-2019, s. 19.

CHAPTER V OPERATING STANDARDS

O.C. 236-2019, c. V.

20. The operation of a quarry or sand pit in a lake, a steady-flow watercourse or a riparian shrub swamp of one of those environments is prohibited.

The operation of a quarry or sand pit is also prohibited in a marsh or an open peatland.

The second paragraph does not apply to a quarry or sand pit whose operation in the environments referred to in that paragraph was authorized before 18 April 2019 neither to a quarry or sand pit established before 17 August 1977 that began operating in such environments before 18 April 2019.

The first and second paragraphs do not apply in the case of an operation carried out in accordance with the conditions set out in section 343 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1).

O.C. 236-2019, s. 20; O.C. 871-2020, s. 3.

21. The operator of a quarry or sand pit must, until the permanent cessation of the mining of surface mineral substances, identify with visual signs or markers at least 1.5 m high,

(1)  the limits of the quarry or sand pit; and

(2)  the maximum depth for the operation of the quarry or sand pit.

In the case of a quarry or sand pit established or enlarged as of 18 April 2019 that is not located on lands in the domain of the State, the operator must cause the limits of the quarry or sand pit to be identified by a professional having the required qualifications in land surveying and cause a plan to be prepared by the land surveyor indicating the geographical coordinates

(1)  of the limits of the quarry or sand pit, specifying each of the apexes;

(2)  of placed marks or markers;

(3)  of any dwelling or of any public institution located below

(a)  600 m from a quarry; and

(b)  150 m from a sand pit; and

(4)  of any site referred to in sections 13 to 19 for which a distance is prescribed.

Not later than 1 year after the plan referred to in the second paragraph has been prepared, the operator must send it to the Minister.

Subparagraph 2 of the first paragraph does not apply to a sand pit referred to in section 117 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) for which the operator made a declaration of compliance.

This section does not apply to a quarry or sand pit established before 17 August 1977.

O.C. 236-2019, s. 21; O.C. 871-2020, s. 4.

22. The operator of a quarry or sand pit that keeps topsoil in order to use it in the redevelopment and restoration of that quarry or sand pit must store that soil separately from other materials originating from or generated by the operation.

O.C. 236-2019, s. 22.

23. The operator of a quarry or sand pit may store or eliminate particles recovered by any catchment system used in that quarry or sand pit and sludge from sedimentation basins or slurry generated by the treatment of surface mineral substances that have not been recycled or used during backfilling.

The materials stored or eliminated that are referred to in the first paragraph may be mixed with the overburden of the quarry or sand pit.

O.C. 236-2019, s. 23.

CHAPTER VI CONTAMINANT RELEASE STANDARDS AND CONTROL MEASURES

O.C. 236-2019, c. VI.

DIVISION I NOISE

O.C. 236-2019, Div. I.

24. The noise emitted in a quarry or sand pit, represented by the reference noise level obtained at the dwelling or public institution, must not exceed, for any 1-hour interval, the highest of the following sound levels:

(1)  residual noise;

(2)  40 dBA between 7:00 p.m. and 7:00 a.m. and 45 dBA between 7:00 a.m. and 7:00 p.m.

The first paragraph does not apply in respect of a dwelling owned or rented to the owner or operator of the quarry or sand pit or to educational institutions and tourist establishments when they are closed.

O.C. 236-2019, s. 24.

25. For the purposes of section 24, the operator of a quarry or sand pit must evaluate, with an interval of not more than 3 years between each evaluation, the noise emitted in the course of the activities where a dwelling or public institution is situated within

(1)  600 m from a quarry; and

(2)  150 m from a sand pit.

The operator must have the sound level evaluations required under this section taken by a professional having the required qualifications in the field. The professional must submit to the operator a report stating the measurements taken and also including the following information:

(1)  the professional’s name, contact information and profession;

(2)  the geographical coordinates of the points of measurement and of the dwellings and public institutions present in the distances provided for in the first paragraph;

(3)  a description of the measurement device used, its accuracy and date of its last calibration;

(4)  the weather conditions and any other data or observation that may influence the measurements or propagation of the noise;

(5)  the date and time of the beginning and end of the measurement period;

(6)  a description of all the activities of the quarry or sand pit carried out during the measurement period;

(7)  a declaration in which the professional attests that the information provided is accurate and that the measurements were carried out in keeping with good practice and generally accepted standards.

The operator of the quarry or sand pit must keep every report referred to in the second paragraph until the closure of the quarry or sand pit or for a period of 12 years following its production, whichever occurs first. The operator must provide a report to the Minister on request.

O.C. 236-2019, s. 25.

DIVISION II DISCHARGED WATERS

O.C. 236-2019, Div. II.

26. The waters from a quarry or sand pit and discharged into the environment must meet the following standards:

(1)  the quantity of petroleum hydrocarbons (C10-C50) contained in the waters is less than or equal to 2 mg/l;

(2)  the quantity of suspended matter contained in the waters is less than or equal to 50 mg/l;

(3)  the waters’ pH ranges from 6 to 9.5.

O.C. 236-2019, s. 26.

DIVISION III PARTICLES

O.C. 236-2019, Div. III.

27. Particle emissions from equipment used in a quarry or sand pit, such as a crusher, a dryer, a screen, a conveyor, a grinder, an elevator, a hopper or a borer, and from the transfer, fall or handling of materials carried out in a quarry or sand pit must not be visible more than 2 m from the emission source.

In addition, the operator of the quarry or sand pit must establish mitigation measures to prevent particle emission from materials stored and from traffic and parking areas and private access roads to that quarry or sand pit.

O.C. 236-2019, s. 27.

28. Every dust control liquid, other than water, used in a quarry or sand pit to control particle emissions must be certified to the most recent version of standard BNQ 2410-300.

O.C. 236-2019, s. 28.

29. Where a source of particle emissions situated in a quarry or sand pit is connected to a particle catchment system, the system must not allow the emission into the atmosphere of particles in a concentration greater than 30 mg/m3 of dry gas to the reference conditions, which are at a temperature of 25 °C and a pressure of 101.3 kPa.

For the purposes of the first paragraph, the limit value for particle emission into the atmosphere is complied with if the conditions provided for in the first paragraph of section 199 of the Clean Air Regulation (chapter Q-2, r. 4.1) are met.

O.C. 236-2019, s. 29.

DIVISION IV VIBRATIONS

O.C. 236-2019, Div. IV.

30. A procedure for good blasting practices certified by an engineer or a geologist must be implemented and kept up-to-date by the operator of a quarry where blasting work is carried out. The procedure must include

(1)  a communication program with the citizens residing within a radius of 1 km and with the municipalities concerned; and

(2)  a vibration monitoring program, that is, air overpressure and particulate velocity.

The operator of a quarry must record in a register the data collected as part of a program referred to in subparagraph 2 of the first paragraph and the following information:

(1)  the name, contact information and profession of the person who carried out the measurements;

(2)  the geographical coordinates of the points of measurement and of the dwellings and public institutions concerned;

(3)  a description of the measurement device used, its accuracy and date of its last calibration;

(4)  the weather conditions and any other data or observation that may influence the measurement or propagation of vibrations;

(5)  the date and time of the beginning and end of the measurement period;

(6)  a declaration of the person having carried out the measurements in which the person attests that the measurements were carried out in keeping with the program and good practice and generally accepted standards.

The operator must keep the procedure of good practice for a 5-year period and the data recorded in the register for the same period from the date of their entry. The procedure and data must be provided to the Minister on request.

O.C. 236-2019, s. 30.

31. Blasting in a quarry is prohibited less than 600 m from a dwelling or public institution between 7:00 p.m. and 7:00 a.m.

The first paragraph does not apply in respect of a dwelling belonging or rented to the owner or operator of the quarry, or to educational institutions and tourist establishments when they are closed.

O.C. 236-2019, s. 31.

32. Blasting carried out in a quarry must be performed in accordance with the following conditions:

(1)  no mineral substance is projected outside the quarry;

(2)  the particle velocity does not exceed 10 mm/s at the dwelling or public institution; and

(3)  air overpressure does not exceed 126 linear dB at the dwelling or public institution.

In a calendar year, the limit value prescribed by subparagraph 2 of the first paragraph may however be exceeded, up to a maximum of 15 mm/s, only once or up to a maximum of 10% of the total number of blasts during that period.

In a calendar year, the limit value prescribed by subparagraph 3 of the first paragraph may however be exceeded, up to a maximum of 130 linear dB, 2 times or up to a maximum of 20% of the total number of blasts during that period.

O.C. 236-2019, s. 32.

CHAPTER VII FINANCIAL GUARANTEE

O.C. 236-2019, c. VII.

33. A financial guarantee is required of any operator of a quarry or sand pit to ensure the performance of the operator’s redevelopment and restoration obligations.

The operator must provide the financial guarantee to the Minister before the beginning of the operation of the quarry or sand pit and indicate to the Minister the area of land that will be excavated for the entire duration of the guarantee.

The guarantee must be held throughout the duration of the mining of surface mineral substances and redevelopment and restoration activities and for a period of 18 months following the closure of the quarry or sand pit.

This Chapter does not apply to the State and its mandataries. It does not apply either to an operator who has furnished security under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1) to restore the land to its former condition as agricultural land.

O.C. 236-2019, s. 33; O.C. 871-2020, s. 5.

34. The amount of the financial guarantee is set at

(1)  $10,000 if the area of the land of the quarry or sand pit that is excavated for the entire duration of the guarantee is equal to or less than 1 ha; and

(2)  $10,000 multiplied by the number of hectares if the area of the land of the quarry or sand pit that is excavated for the entire duration of the guarantee is greater than 1 ha.

For the purposes of the first paragraph, an area of land restored more than 18 months before and an area of land excavated before 17 August 1977 are not considered to be an excavated area of land.

O.C. 236-2019, s. 34.

35. The financial guarantee must be provided in the form of

(1)  a bank draft or a certified cheque made out to the Minister of Finance;

(2)  debt securities in Canadian dollars issued or guaranteed by the Gouvernement du Québec or any other government in Canada having a market value at least 10% greater than the amount of the guarantee calculated in accordance with section 34 and whose term is longer than the term of the guarantee by 12 months;

(3)  a security with a waiver of the benefits of division and discussion, issued by a legal person governed by the Insurers Act (chapter A-32.1), the Act respecting financial services cooperatives (chapter C-67.3) or the Bank Act (S.C. 1991, c. 46); or

(4)  an irrevocable letter of credit issued by a legal person referred to in subparagraph 3.

A guarantee in the form of a bank draft, certified cheque or debt securities must be deposited with the Bureau général de dépôts pour le Québec.

O.C. 236-2019, s. 35.

36. A financial guarantee provided in the form of a security or an irrevocable letter of credit must have a term of not less than 12 months. A proof of its renewal or a new guarantee must be provided to the Minister at least 60 days before the guarantee expires.

The guarantee must contain a clause setting at not less than 12 months after its expiry or rescission the time available to the Minister to file a claim with the legal person who issued the guarantee.

The guarantee must also provide that its modification or rescission may take effect only if prior notice of at least 60 days is sent by registered mail to the Minister.

Subject to the law applicable in Québec, a guarantee provided in the form of an irrevocable letter of credit must comply with the rules of the International Chamber of Commerce related to stand-by letters of credit as the rules read on the day the guarantee is issued.

O.C. 236-2019, s. 36.

37. The Minister uses the guarantee provided by the operator of a quarry or sand pit in all cases where the operator, despite a notice to remedy the failure, refuses or fails to execute an obligation with which the operator must comply under the Act or its regulations.

The guarantee may be used to pay or reimburse any expense related to the performance of the obligation involved.

O.C. 236-2019, s. 37.

CHAPTER VIII REDEVELOPMENT AND RESTORATION

O.C. 236-2019, c. VIII.

38. The purpose of redevelopment and restoration is to reinsert the quarry or sand pit into the environment after the permanent cessation of the mining of surface mineral substances. The quarry or sand pit is considered to be closed when the redevelopment and restoration are completed.

The redevelopment and restoration must in particular achieve the following objectives:

(1)  eliminating unacceptable risks to health and ensuring the safety of persons;

(2)  preventing the release of contaminants likely to adversely affect the environment;

(3)  eliminating all long-term maintenance or follow-up;

(4)  restoring the site to a condition compatible with its previous use.

O.C. 236-2019, s. 38.

39. The operator of a quarry or sand pit must carry out redevelopment and restoration in accordance with the plan included in the operator’s authorization issued under section 22 of the Act.

O.C. 236-2019, s. 39.

40. The operator of a quarry or sand pit established before 17 August 1977 must, even in the absence of a redevelopment and restoration plan, redevelop and restore the excavated land since that date as part of the operation of the quarry or sand pit, in accordance with this Regulation.

In the case where the operator of a quarry or sand pit established before 17 August 1977 redevelops and restores the excavated land before that date, the operator must carry out the redevelopment or restoration work in accordance with the provisions of this Regulation.

O.C. 236-2019, s. 40.

41. The redevelopment and restoration work of the operator referred to in section 39 or in the first paragraph of section 40 must begin not later than 1 year after the permanent cessation of the mining of surface mineral substances of the quarry or sand pit.

O.C. 236-2019, s. 41.

42. The redevelopment and restoration of a quarry or sand pit must be carried out using one or more of the following options, on the conditions covered by the provisions of this Chapter:

(1)  the revegetation of the land with the stored topsoil or fertilizing waste substances;

(2)  the levelling of the land and the reduction of the working faces;

(3)  backfilling with one of the following matters:

(a)  the overburden or surface mineral substances;

(b)  soils containing no contaminant due to a human activity;

(c)  sludge from sedimentation basins of a quarry or sand pit or sedimentation basins used in a transformation process of dimension stone and cutting slurry generated by a treatment of surface mineral substances, insofar as the sludge or slurry meets the following conditions:

i.  their dryness, measured by a laboratory accredited by the Minister under section 118.6 of the Act, is equal to or greater than 15%;

ii.  the sludge or slurry contains no free liquid;

(d)  particles recuperated by a catchment system installed in the quarry or sand pit and intended to prevent particle emissions into the atmosphere;

(e)  in the case of a quarry only, soils containing contaminants due to a human activity in a concentration less than or equal to the limit values provided for in Schedule I to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37);

(4)  the restoration or creation of wetlands and bodies of water.

Despite the first paragraph, in the case of the operator of a sand pit having made a declaration of compliance referred to in section 117 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1), the redevelopment and restoration of the sand pit must be carried out only by the levelling and revegetation of the excavated land.

O.C. 236-2019, s. 42; O.C. 871-2020, s. 6.

43. The redevelopment and restoration of a quarry or sand pit may also be carried out according to one of the following options:

(1)  the development of a residual materials landfill;

(2)  the development of a space or the construction of a structure or works.

In order for the options to be implemented, the operator must, in the year preceding the year of permanent cessation of the mining of surface mineral substances in the quarry or sand pit, first obtain, as the case may be, an authorization in accordance with subparagraphs iii and iv of subparagraph b of paragraph 3 of section 113 or an amendment of the authorization in accordance with paragraph 2 of section 114 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1).

A third person may also apply to the Minister for the issue of an authorization to carry out one of the options provided for in the first paragraph, in the stead and place of the operator, within the time set in the second paragraph and in accordance with section 113 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact.

O.C. 236-2019, s. 43; O.C. 871-2020, s. 7.

44. The options referred to in subparagraphs 1, 2 and 3 of the first paragraph of section 42 must also meet the following conditions:

(1)  the ground leveling, reduction of working faces or backfilling must stabilize the slopes and, in the case of a sand pit, the final profile of the land must not exceed 30° from the horizontal unless the land is stabilized with a structure preventing any landslide or erosion;

(2)  the revegetation work, that is, seeding or planting, must allow to reconstitute, 18 months following the closure of the quarry or sand pit, a soil and a permanent natural vegetation cover that is still growing, except if the vegetation is harvested as part of recultivation of land.

If the option referred to in subparagraph 2 of the first paragraph of section 42 is retained for a quarry established after 17 August 1977 and located on the side of a hill, mountain, cliff or slope, the working face must be made up of benches not more than 10 m in height and of horizontal terraces at least 4 m that must be vegetated, unless the operator shows that the objectives referred to in section 38 have been achieved.

Backfilling work in a quarry or sand pit, in accordance with subparagraph b of subparagraph 3 of the first paragraph of section 42 must not give rise to the deposit of contaminants due to a human activity in that quarry or sand pit.

At all times, backfilling work in a quarry using the soils referred to in subparagraphs b and e of subparagraph 3 of the first paragraph of section 42 must not give rise to the deposit of contaminants in a concentration greater than the limit values provided for in Schedule I to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37).

O.C. 236-2019, s. 44.

45. The operator of a quarry or sand pit who does backfilling in accordance with subparagraph e of subparagraph 3 of the first paragraph of section 42 is required to verify the eligibility of the soils before they enter the quarry. To that end, the operator must, before receiving contaminated soils, confirm the nature and concentration values of the substances present in the soils on the basis of analysis reports submitted by the supplier and that includes a representative number of samples.

In addition, the operator of a quarry or sand pit who receives soils for backfilling purposes in accordance with subparagraphs b and e of subparagraph 3 of the first paragraph of section 42 must, upon receipt of the soils, take a sample and have it analyzed for each batch of soils less than or equal to 200 metric tons. In the case of a batch of soils greater than 200 metric tons, the operator must take an additional sample and have it analyzed for each additional fraction of soils less than or equal to 400 metric tons.

The analysis of the samples taken in accordance with this section must make it possible to identify the following compounds referred to in Schedule I to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37):

(1)  monocyclic aromatic hydrocarbons (MAH) and polycyclic aromatic hydrocarbons (PAH);

(2)  petroleum hydrocarbons (C10-C50);

(3)  metals and metalloids;

(4)  if the material received consists of soils referred to in subparagraph e of subparagraph 3 of the first paragraph of section 42, any contaminant identified in the characterization report referred to in the first paragraph.

The analyses required for the purposes of this section must be made by a laboratory accredited by the Minister under section 118.6 of the Act.

O.C. 236-2019, s. 45.

46. For any backfilling under subparagraphs b and e of subparagraph 3 of the first paragraph of section 42, the operator of a quarry or sand pit must enter into a register the following information and documents:

(1)  the contact information of the soil supplier and that of the carrier;

(2)  in the case referred to in the first paragraph of section 45, the reports submitted by the supplier;

(3)  the nature and concentration of the substances present in the soils as well as the analysis reports produced by the laboratory after their receipt;

(4)  the identification of the soils’ place of origin;

(5)  the date on which the soils are received;

(6)  the quantity of soils received, expressed in metric tons;

(7)  data for collecting and analyzing soils upon their receipt.

The operator of a quarry or sand pit must keep the register during the redevelopment and restoration and thereafter for a period of 5 years from the closure date of the quarry or sand pit.

O.C. 236-2019, s. 46.

47. The operator of a quarry that uses one of the options referred to in subparagraphs b and e of subparagraph 3 of the first paragraph of section 42 must send to the Minister, not later than on 31 January following each year during which the quarry is redeveloped and restored, an annual redevelopment and restoration report containing the following information and documents:

(1)  a compilation of the data collected in accordance with section 46;

(2)  a plan and the data stating the progression of the backfilling of soils in the quarry.

O.C. 236-2019, s. 47.

CHAPTER IX MONETARY ADMINISTRATIVE PENALTIES

O.C. 236-2019, c. IX.

48. A monetary administrative penalty of $500 in the case of a natural person or $2,500 in any other case may be imposed on every person who fails

(1)  (subparagraph revoked);

(2)  (subparagraph revoked);

(3)  to have the plan referred to in the third paragraph of section 15 prepared or fails to keep it or provide it to the Minister, in contravention of that paragraph;

(4)  to maintain the strip of land outdistancing the quarry or sand pit from a public road wooded, in contravention of the second paragraph of section 18;

(5)  to have visual signs or markers identified, in accordance with the first paragraph of section 21;

(6)  to have the plan prescribed by the second paragraph of section 21 prepared;

(7)  to send to the Minister the plan referred to in the second paragraph of section 21, within the time prescribed by the third paragraph of that section;

(8)  to store the topsoil separately from other materials, in contravention of section 22;

(9)  to have the noise evaluated in the cases provided for in the first paragraph of section 25, at the interval provided for in that paragraph;

(10)  to have the sound levels evaluated by a professional, in accordance with the second paragraph of section 25;

(11)  to keep every report of the sound level evaluations referred to in the second paragraph of section 25 or to provide it to the Minister, in contravention of the third paragraph of that section;

(12)  to put in place mitigation measures to prevent particle emission, in contravention of the second paragraph of section 27;

(13)  to use a dust control liquid certified to the standard prescribed in section 28;

(14)  to implement and keep up-to-date a procedure for the good use of blasting, in accordance with the first paragraph of section 30;

(15)  to record in a register the data and the information referred to in the second paragraph of section 30;

(16)  to keep or to provide the Minister with the procedure for the good use of blasting and the data recorded in the register, in accordance with the third paragraph of section 30;

(17)  to provide the Minister with the financial guarantee and indicate to the Minister the area of land that will be excavated for the entire duration of the guarantee, within the time prescribed by the second paragraph of section 33;

(18)  to hold a financial guarantee for the duration and period provided for in the third paragraph of section 33;

(19)  to provide the Minister with a financial guarantee in the amount calculated in accordance with the first paragraph of section 34;

(20)  to provide a financial guarantee in one of the forms referred to in the first paragraph of section 35;

(21)  to provide the Minister with proof of renewal of the financial guarantee or with a new financial guarantee, within the time prescribed in the first paragraph of section 36;

(22)  to carry out the redevelopment and restoration of a quarry or sand pit in accordance with the plan included in the authorization, in contravention of section 39;

(23)  to redevelop and restore the excavated land since 17 August 1977, in contravention of the first paragraph of section 40;

(24)  to carry out redevelopment and restoration work of the excavated land before 17 August 1977 in accordance with the provisions of this Regulation, in contravention of the second paragraph of section 40;

(25)  to begin the redevelopment and restoration work within the time prescribed in section 41;

(26)  to redevelop and restore a quarry or sand pit using one or more of the options provided for in section 42 or in the first paragraph of section 43, on the conditions indicated in those sections and in section 44;

(27)  to verify the eligibility of soils before they enter a quarry, in the case and on the conditions provided for in the first paragraph of section 45;

(28)  to take or analyze a sample of soils when they are received, in the cases and on the conditions provided for in the second and third paragraphs of section 45;

(29)  to have the analyses prescribed by the first and second paragraphs of section 45 carried out by an accredited laboratory, in contravention of the fourth paragraph of that section;

(30)  to enter in a register the information and documents referred to in the first paragraph of section 46 or to keep it for the period provided for in the second paragraph of that section, in the cases and on the conditions provided for therein;

(31)  to send to the Minister the annual report referred to in section 47, within the time prescribed therein.

The penalty provided for in the first paragraph may also be imposed on every person who stores or eliminates particles or sludge that do not meet the conditions provided for in the first paragraph of section 23.

O.C. 236-2019, s. 48; O.C. 871-2020, s. 8.

49. A monetary administrative penalty of $750 in the case of a natural person or $3,500 in any other case may be imposed on every person who fails to comply with the blasting prohibition on the conditions or during the periods provided for in the first paragraph of section 31.

O.C. 236-2019, s. 49.

50. A monetary administrative penalty of $1,000 in the case of a natural person or $5,000 in any other case may be imposed on every person who fails to

(1)  (subparagraph revoked);

(2)  (subparagraph revoked);

(3)  comply with the siting standards concerning protection zones of a water withdrawal, in contravention of section 14;

(4)  comply with the standards regarding the minimum distance between a quarry or sand pit and a lake, a steady-flow watercourse, a riparian shrub swamp of one of those environments, a marsh or an open peatland, in contravention of the first paragraph of section 15;

(5)  maintain the distance between a quarry or sand pit and a lake, a steady-flow watercourse, a riparian shrub swamp of one of those environments, a marsh or an open peatland, in contravention with subparagraph 1 of the second paragraph of section 15; or

(6)  obtain an authorization or an amendment of authorization before implementing one of the options provided for in the first paragraph of section 43, within the time prescribed in the second paragraph of that section.

O.C. 236-2019, s. 50; O.C. 871-2020, s. 9.

51. A monetary administrative penalty of $1,500 in the case of a natural person or $7,500 in any other case may be imposed on every person who

(1)  fails to comply with the siting standard concerning the territories listed in the first paragraph of section 13, in contravention of that paragraph;

(2)  fails to comply with the standard regarding the minimum distance between a quarry or sand pit and an ecological reserve or any other natural environment designated by a plan, a park or the habitat of a wildlife or plant species, in contravention of section 16;

(3)  fails to comply with the standard regarding the minimum distance between a private access road to a quarry or sand pit and a dwelling or a public institution, in contravention of the first paragraph of section 17;

(4)  fails to maintain the distance between the private access road to a quarry or sand pit and the dwellings and public institutions, in contravention of the second paragraph of section 17;

(5)  fails to comply with the standard regarding the minimum distance between the quarry or sand pit and a public road, in contravention of the first paragraph of section 18;

(6)  fails to maintain the distance between the site of the activities of a quarry or sand pit and the public road, in contravention of the fourth paragraph of section 18;

(7)  fails to comply with the standard regarding the minimum distance between a quarry or sand pit and any land belonging to a person other than the owner of that quarry or sand pit, in contravention of section 19; or

(8)  operates a quarry or sand pit in a lake, a steady-flow watercourse or a riparian shrub swamp of one of those environments, a marsh or an open peatland in contravention of the first or second paragraph of section 20.

O.C. 236-2019, s. 51.

52. A monetary administrative penalty of $2,000 in the case of a natural person or $10,000 in any other case may be imposed on every person who fails to comply with

(1)  the noise standards prescribed by the first paragraph of section 24;

(2)  the standards regarding the waters from a quarry or sand pit prescribed by section 26;

(3)  the particle emission standard prescribed by the first paragraph of section 27;

(4)  the particle emission standard regarding a particle catchment system prescribed by the first paragraph of section 29; or

(5)  the conditions governing blasting prescribed by section 32.

O.C. 236-2019, s. 52.

CHAPTER X PENAL SANCTIONS

O.C. 236-2019, c. X.

53. Every person who contravenes the third paragraph of section 15, the second paragraph of section 18, section 21 or 22, the first paragraph of section 23, section 25, the second paragraph of section 27, section 28 or 30, the second or third paragraph of section 33, the first paragraph of section 34, 35 or 36, section 39, 40, 41 or 42, the first paragraph of section 43 or section 44, 45, 46 or 47 commits an offence and is liable to a fine of $2,500 to $250,000, in the case of a natural person, or $7,500 to $1,500,000 in any other case.

O.C. 236-2019, s. 53; O.C. 871-2020, s. 10.

54. Every person who contravenes the first paragraph of section 31 commits an offence and is liable to a fine of $4,000 to $250,000, in the case of a natural person, or $12,000 to $1,500,000 in any other case.

O.C. 236-2019, s. 54.

55. Every person who

(1)  contravenes section 14, the first paragraph or subparagraph 1 of the second paragraph of section 15 or the second paragraph of section 43, and

(2)  makes a declaration, communicates information or files a document that is false or misleading, pursuant to this Regulation,

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 a maximum term of imprisonment of 18 months, or to both the fine and imprisonment, or, in any other case, to a fine of $15,000 to $3,000,000.

O.C. 236-2019, s. 55; O.C. 871-2020, s. 11.

56. Every person who contravenes section 13, 16 or 17, the first or fourth paragraph of section 18, section 19 or the first or second paragraph of section 20 commits an offence and is liable, in the case of a natural person, to a fine of $8,000 to $500,000 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, or, in any other case, to a fine of $24,000 to $3,000,000.

O.C. 236-2019, s. 56.

57. Every person who contravenes the first paragraph of section 24, 26, 27 or 29 or section 32 commits an offence and is liable, in the case of a natural person, to a fine of $10,000 to $1,000,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of 3 years, or to both the fine and imprisonment, or, in any other case, to a fine of $30,000 to $6,000,000.

O.C. 236-2019, s. 57.

58. Every person who contravenes any other obligation imposed by this Regulation and for which no penalty is otherwise provided also commits an offence and is liable, if no other penalty is provided for in this Chapter or in the Act, to a fine of $1,000 to $100,000, in the case of a natural person, or of $3,000 to $600,000 in any other case.

O.C. 236-2019, s. 58.

CHAPTER XI TRANSITIONAL

O.C. 236-2019, c. XI.

59. The first paragraph of section 21 applies as of 18 April 2022 to every operator of a quarry or sand pit established on or after 17 August 1977 but before 18 April 2019.

O.C. 236-2019, s. 59.

60. Section 24 applies as of 18 April 2022

(1)  to any operator of a quarry or sand pit established before 18 April 2019 and for which no noise standard was applicable under the Regulation respecting pits and quarries (chapter Q-2, r. 7), as it read on 17 April 2019; and

(2)  to any operator of a quarry or sand pit established before 17 August 1977.

The noise evaluation required under section 25 must be carried out not later than on 18 April 2022 by any operator of a quarry or sand pit established before 18 April 2019.

Any noise standard provided for in section 12 of the Regulation respecting pits and quarries, as it read on 17 April 2019, or prescribed in the operator’s authorization, that applies to a quarry or sand pit on that date continues to apply to the quarry or sand pit until 17 April 2022.

O.C. 236-2019, s. 60.

61. Section 29 applies as of 18 April 2022 to any operator of a quarry or sand pit established before 18 April 2019.

Section 32 of the Regulation respecting pits and quarries (chapter Q-2, r. 7), as it read on 17 April 2019, continues to apply to that quarry or sand pit until 17 April 2022.

O.C. 236-2019, s. 61.

62. Section 30 and paragraphs 2 and 3 of the first paragraph of section 32 apply as of 18 April 2022 to any operator of a quarry established before 18 April 2019.

Section 34 of the Regulation respecting pits and quarries (chapter Q-2, r. 7), as it read on 17 April 2019, continues to apply to that quarry until 17 April 2022.

O.C. 236-2019, s. 62.

63. Chapter VII applies to any operator of a quarry or sand pit established before 18 April 2019 only to the extent where the operator has not finished the redevelopment and restoration of the quarry or sand pit on 18 April 2022. Not later than on that date, the operator is required to provide the Minister with a guarantee in accordance with the conditions provided for in that Chapter.

Any guarantee that is required from the operator of a sand pit on 17 April 2019 must be maintained, in accordance with the conditions in force on that date, until 17 April 2022.

O.C. 236-2019, s. 63.

CHAPTER XII FINAL

O.C. 236-2019, c. XII.

64. This Regulation replaces the Regulation respecting pits and quarries (chapter Q-2, r. 7).

Despite the foregoing, that Regulation continues to apply to operators of quarries and sand pits to the extent provided for in Chapter XI.

O.C. 236-2019, s. 64.

65. (Omitted).

O.C. 236-2019, s. 65.

SCHEDULE I

(section 13)

PROHIBITED TERRITORIES

  

O.C. 236-2019, Sch. I.

REFERENCES

O.C. 236-2019, 2019 G.O. 2, 466

S.Q. 2018, c. 23, s. 811

O.C. 871-2020, 2020 G.O. 2, 2343A