q-2, r. 1 - Regulation respecting wood-burning appliances

Updated to 27 August 2014

This document has official status.

chapter Q-2, r. 1

Regulation respecting wood-burning appliances

Environment Quality Act

(chapter Q-2, ss. 31, 115.27, 115.34, 124.0.1 and 124.1).

CHAPTER I SCOPE

1. This Regulation applies to any stove, furnace, boiler, fireplace insert and factory-built fireplace designed to burn only wood in any of its forms.

It does not apply to

(1)  fireplaces intended for outdoor use only;

(2)  a boiler or furnace with a nominal heat output of 150 kW or more;

(3)  a maple syrup evaporator; or

(4)  a wood-burning appliance intended exclusively for export from Québec.

O.C. 508-2009, s. 1; O.C. 250-2011, s. 1.

2. This Regulation applies in a reserved area and an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

O.C. 508-2009, s. 2.

CHAPTER II CONFORMITY OF WOOD-BURNING APPLIANCES

3. Every wood-burning appliance manufactured, sold, offered for sale or distributed in Québec as of 1 September 2009 must comply with the requirements set in this chapter.

O.C. 508-2009, s. 3.

4. Every wood-burning appliance whose air-fuel ratio in the fire chamber is less than 35:1 and every fireplace insert or factory-built fireplace whose average minimum burn rate is equal to or less than 5 kg of fuel per hour must comply with at least one of the following standards as regards particles emitted into the atmosphere:

(1)  CAN/CSA Standard CAN/CSA-B415.1, Performance Testing of Solid-Fuel-Burning Heating Appliances, published by the Canadian Standards Association;

(2)  40 CFR 60, subpart AAA, Standards of Performance for New Residential Wood Heaters, published by the United States Environmental Protection Agency.

O.C. 508-2009, s. 4.

5. A wood-burning appliance is deemed to comply with a standard referred to in section 4 if

(1)  the manufacturer or importer of the appliance has been issued for that model a certificate of compliance or approval by the United States Environmental Protection Agency or by an organization, enterprise or laboratory accredited by the United States Environmental Protection Agency or the Standards Council of Canada to verify compliance with the standard; and

(2)  the appliance bears the mark of conformity with a standard referred to in section 4.

O.C. 508-2009, s. 5.

6. Every wood-burning appliance whose air-fuel ratio in the fire chamber is equal to or greater than 35:1 and every fireplace insert or factory-built fireplace whose average minimum burn rate is greater than 5 kg of fuel per hour must comply with the following conditions:

(1)  the manufacturer or importer of the appliance has been issued for that model a certificate of compliance or approval by the United States Environmental Protection Agency or by an organization, enterprise or laboratory accredited by the United States Environmental Protection Agency or the Standards Council of Canada that specifies that the appliance is not one of those referred to in section 4; and

(2)  the appliance bears the mark confirming that the appliance is not an appliance referred to in section 4 and specifying the name of the accredited organization, enterprise or laboratory that carried out the testing.

O.C. 508-2009, s. 6.

7. Every manufacturer or importer of wood-burning appliances must, for each model of wood-burning appliance marketed in Québec, keep for at least 5 years the reports on the certification or approval tests performed on the appliances by an accredited organization, enterprise or laboratory referred to in section 5 or 6 and, where applicable, the certificate of compliance issued by the organization, enterprise or laboratory.

O.C. 508-2009, s. 7.

CHAPTER II.1 MONETARY ADMINISTRATIVE PENALTIES

O.C. 655-2013, s. 1.

7.1. A monetary administrative penalty of $350 in the case of a natural person or $1,500 in other cases may be imposed on any person who fails to keep the documents referred to in section 7 for the period and according to the conditions provided for therein.

O.C. 655-2013, s. 1.

7.2. A monetary administrative penalty of $1,500 in the case of a natural person or $7,500 in other cases may be imposed on any person who manufactures, sells, offers for sale or distributes in Québec a wood-burning appliance that does not comply with the requirements set in Chapter II, as prescribed by section 3.

O.C. 655-2013, s. 1.

CHAPTER III PENAL SANCTIONS

O.C. 508-2009, c. III; O.C. 655-2013, s. 2.

8. Every person who contravenes section 7 commits an offence and is liable, in the case of a natural person, to a fine of $2,000 to $100,000 or, in other cases, to a fine of $6,000 to $600,000.

O.C. 508-2009, s. 8; O.C. 655-2013, s. 3.

9. Every person who contravenes section 3 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 other cases, to a fine of $24,000 to $3,000,000.

O.C. 508-2009, s. 9; O.C. 655-2013, s. 3.

10. (Omitted in part).

This Regulation applies to furnaces and boilers as of 1 April 2011 and to cook stoves as of 1 September 2019. “Cook stove” means an appliance used mainly for cooking rather than heating and equipped with an oven having a volume greater than 0.0283 m3.

O.C. 508-2009, s. 10; O.C. 245-2010; O.C. 746-2014, s. 1.

REFERENCES

O.C. 508-2009, 2009 G.O. 2, 1657

O.C. 707-2009, 2009 G.O. 2, 1881

O.C. 245-2010, 2010 G.O. 2, 765A

O.C. 250-2011, 2011 G.O. 2, 815

O.C. 655-2013, 2013 G.O. 2, 1735

O.C. 746-2014, 2014 G.O. 2, 1743