m-11.6 - Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

Updated to 12 April 2022

This document has official status.

not in force

chapter M-11.6

Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

AS the right to live in a healthful environment in which biodiversity is preserved, to the extent and according to the standards provided by law, is provided for by the Charter of human rights and freedoms (chapter C-12);

AS there is a climate urgency and there are current issues related to the environmental, economic and social consequences of climate change;

AS Québec is committed to achieving carbon neutrality by 2050;

AS it is important, for the Québec nation and Indigenous communities, to protect the environment and its biodiversity and to ensure the safety of persons and property in this context;

AS the establishment of a system of monetary administrative penalties in various Acts and regulations is a proven incentive for a person to rapidly remedy a failure to comply and for deterring the repetition of such a failure;

AS the standards set to protect the environment and its biodiversity and to ensure the safety of persons and property are distributed among many laws and regulations in Québec;

AS all the measures for ensuring the enforcement of and compliance with these laws should be harmonized, in order to establish a unified and predictable enforcement regime;

CHAPTER I GENERAL PROVISIONS

2022, c. 8, s. 1.

1. The purpose of this Act is to set out the provisions necessary for verifying compliance with the following Acts:

(1)  the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02);

(2)  the Natural Heritage Conservation Act (chapter C-61.01);

(3)  the Act respecting threatened or vulnerable species (chapter E-12.01);

(4)  the Pesticides Act (chapter P-9.3);

(5)  the Environment Quality Act (chapter Q-2); and

(6)  the Dam Safety Act (chapter S-3.1.01).

A further purpose of this Act, with respect to the Acts mentioned in the first paragraph and with respect to this Act, is to establish the system of applicable monetary administrative penalties and of penal provisions. It grants the Government or the Minister certain powers with respect to applications for authorization made under one of the Acts concerned and authorizations issued under them.

2022, c. 8, s. 1.

2. For the purposes of this Act, unless the context indicates otherwise,

“Acts concerned” means the Acts mentioned in the first paragraph of section 1 and their regulations;

“authorization” means a permit or licence, authorization, approval, certificate, attestation, accreditation or certification or any other right of a similar nature granted under the Acts concerned as well as its renewal and amendment;

“municipality” means any municipality, the Communauté métropolitaine de Montréal, the Communauté métropolitaine de Québec, as well as an intermunicipal management board;

“person” means a natural person, legal person, trust, partnership, cooperative or any other group of persons; and

“shareholder” means a natural person holding, directly or indirectly, shares that carry 20% or more of the voting rights in a legal person that is not a reporting issuer under the Securities Act (chapter V-1.1).

2022, c. 8, s. 1.

3. This Act is binding on the State.

2022, c. 8, s. 1.

CHAPTER II INSPECTION, INVESTIGATION AND OTHER POWERS

2022, c. 8, s. 1.

DIVISION I INSPECTION

2022, c. 8, s. 1.

4. The Minister may designate any public servant or holder of a position in a department or a body that is a mandatary of the State to act as an inspector to see to the enforcement of this Act and the Acts concerned.

The Minister may, exceptionally, authorize any person not designated as an inspector under the first paragraph to enter one of the premises mentioned in the first paragraph of section 5 in order to exercise, in the absence of an inspector, one or more of the powers provided for in this division. Such a person may in no case enter a dwelling house without the consent of the owner.

The authorization includes, in particular, the power or powers devolved and the measures established by the Minister to regulate the exercise of the devolved powers.

Inspectors and authorized persons must, on request, provide identification and produce a certificate of authority.

2022, c. 8, s. 1.

5. Inspectors may, at any reasonable time, enter areas governed by the Natural Heritage Conservation Act (chapter C-61.01), land, including private land, a building, including a dwelling house, or a vehicle, boat or aircraft to examine the premises and conduct an inspection. They may, in such cases, by any reasonable, appropriate means:

(1)  record the state of a place or any natural setting or property that is part of it;

(2)  collect samples, conduct tests and perform analyses;

(3)  carry out any necessary excavation or drilling to assess the state of the premises;

(4)  install measuring apparatus necessary for taking measurements on the premises and subsequently remove the apparatus;

(5)  take measurements, including continuous measurements, using an apparatus they install or that is already on the premises, for any reasonable period of time they determine;

(6)  access a facility, including a secure facility, found on the premises;

(7)  set in action or use an apparatus or equipment to ensure that the inspection is properly conducted or require the apparatus or equipment to be set in action or used within the time and according to the conditions they specify;

(8)  open or require the opening of a container or package, within the time and according to the conditions they specify;

(9)  require the provision of any information relating to the application of this Act or the Acts concerned and the communication of any relevant documents for examination, recording and reproduction;

(10)  use any computer, equipment or other thing that is on the premises to access data relating to the application of this Act or the Acts concerned that is contained in an electronic device, computer system or other medium or to inspect, examine, process, copy or print out such data; and

(11)  be accompanied by any person whose presence is considered necessary for the purposes of the inspection, who may then exercise the powers set out in subparagraphs 1 to 10.

For the purposes of the first paragraph, inspectors may enter a dwelling house without the consent of the owner or lessee only

(1)  if, given the urgency of the situation, there is, as the case may be, a serious risk of danger to human life, health or safety, of causing serious damage or harm to the environment, to living species or to property, or of the loss, disappearance or destruction of evidence; or

(2)  to ensure compliance with the provisions of this Act or the Acts concerned determined by regulation of the Minister.

Despite the first paragraph, only the powers set out in subparagraphs 9 to 11 may be applied to see to the enforcement of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02). Any person who accompanies an inspector under subparagraph 11 may exercise only the powers set out in subparagraphs 9 and 10. Despite the second paragraph, the powers set out in subparagraphs 9 to 11 of the first paragraph may not be enforced without judicial authorization in a dwelling house to see to the enforcement of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions.

2022, c. 8, s. 1.

6. Inspectors may also exercise the following powers:

(1)  immediately seize any thing

(a)  that has been used to commit an offence against this Act or the Acts concerned;

(b)  that may be used to prove an offence against this Act or the Acts concerned;

(c)  the possession of which constitutes an offence against this Act or the Acts concerned;

(d)  that was obtained, directly or indirectly, through the perpetration of an offence against this Act or the Acts concerned; or

(e)  mixed with a material or a substance so as to render it difficult to distinguish in one of the cases mentioned in subparagraphs a to d;

(2)  install or remove any notice concerning a matter governed by this Act or the Acts concerned or require such a notice to be installed or removed, within the time and according to the conditions they specify;

(3)  require that a product, device, apparatus or equipment cease to be offered for sale if its sale or use is prohibited under the Acts concerned;

(4)  require a person to produce the authorization allowing them to carry on an activity governed by the Acts concerned, where such an authorization is required;

(5)  require a vehicle, boat or aircraft to be stopped or moved, within the time and according to the conditions they specify;

(6)  require a person, by any means that allows proof of receipt at a specific time, to communicate to the inspector any information or document concerning the application of the Acts concerned, within the time and according to the conditions the inspector specifies; and

(7)  visit the premises referred to in section 5 and exercise the powers set out in section 5

(a)  to assess the condition of the premises in order to perform work; and

(b)  following a finding of guilt, to document any application made to a judge in order to obtain an order under section 55.

The rules established by the Code of Penal Procedure (chapter C-25.1) apply, with the necessary modifications, to things seized under subparagraph 1 of the first paragraph, except in respect of section 129 for the custody of the thing seized. In such a case, the inspector has custody of the thing seized even when it is submitted in evidence and until a judge declares it forfeited or orders it returned to its owner, unless the judge decides otherwise. However, the Minister may authorize an inspector to entrust the offender with the custody of the thing seized, and the offender must accept custody of it until a judge declares it forfeited or orders it returned to its owner.

Despite the first paragraph, only the powers set out in subparagraph 6 apply to see to the enforcement of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02).

2022, c. 8, s. 1.

7. The owner, lessee or custodian of land, a building, a vehicle, a boat or an aircraft being inspected and any person found there must lend assistance to the inspectors in performing their duties.

The obligation set out in the first paragraph also applies to persons accompanying inspectors and any person authorized by the Minister under the second paragraph of section 4.

2022, c. 8, s. 1.

DIVISION II PENAL INVESTIGATION

2022, c. 8, s. 1.

8. The Minister may designate any public servant or holder of a position in a department or a body that is a mandatary of the State to act as a penal investigator in order to investigate any penal matter related to the application of this Act and the Acts concerned.

Penal investigators must, on request, provide identification and produce their certificate of authority.

2022, c. 8, s. 1.

9. Penal investigators who have reasonable grounds to believe that an offence against a provision of this Act or the Acts concerned has been committed may, at the time of an investigation relating to the offence, apply to a judge for authorization to enter any place to exercise any power set out in sections 5 and 6 that, without such authorization, would constitute an unreasonable search or seizure.

The application for authorization must be made in writing and must be accompanied by a sworn declaration of the investigator which includes, in particular, the following information:

(1)  a description of the offence that is the subject of the investigation;

(2)  the reasons why exercising the power that is the subject of the application will provide evidence of the commission of the offence;

(3)  a description of the place referred to in the application;

(4)  the time needed to exercise the power that is the subject of the application; and

(5)  the period when the power that is the subject of the application is to be exercised.

The application for authorization may also be made by telephone or any other appropriate means of telecommunication. The rules governing telewarrants set out in the Code of Penal Procedure (chapter C-25.1) apply to such an application.

The judge may grant the authorization on the conditions the judge determines if satisfied on the strength of the declaration that there are reasonable grounds to believe that an offence has been committed and that exercising the power that is the subject of the application will provide evidence of the commission of the offence.

The judge may also order any person to lend assistance, if it may reasonably be necessary for exercising the authorized power.

2022, c. 8, s. 1.

10. Any penal investigator may, without the judicial authorization set out in section 9, exercise any power set out in sections 5 and 6 if, given the urgency of the situation, the conditions to be met and the time needed to obtain authorization

(1)  may result in danger to human life, health or safety;

(2)  may cause serious damage or harm to the environment, to living species or to property; or

(3)  may result in the loss, disappearance or destruction of evidence.

However, in a dwelling house, such a power may be exercised without judicial authorization only if the person exercising the power has reasonable grounds to believe that human life, health or safety is in danger or, as the case may be, that serious damage or harm to the environment, to living species or to property may be caused.

Despite the second paragraph, such a power may not be exercised without judicial authorization in a dwelling house to see to the enforcement of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02).

2022, c. 8, s. 1.

11. To conduct their investigations, penal investigators are justified in performing an act or making an omission that would constitute an offence under this Act or the Acts concerned, provided the investigators are acting within their investigative functions. If such an act is performed or such an omission is made, they are not liable to any penalty imposed by those Acts.

For the purposes of the first paragraph, prior authorization from the investigator’s immediate superior is required for the investigator to perform the act or make the omission. The investigator’s immediate superior must take into account the impact of the offence on human life, health, safety, welfare and comfort, and on the environment, ecosystems, living species and property. An investigator’s immediate superior is the person who has direct authority over the investigator and who represents the Deputy Minister in the investigator’s regard.

2022, c. 8, s. 1.

12. The second paragraph of section 6 applies to any thing seized by a penal investigator.

2022, c. 8, s. 1.

DIVISION III ADMINISTRATIVE INVESTIGATION

2022, c. 8, s. 1.

13. The Minister may designate any person to act as an administrative investigator in order to investigate any matter, other than a penal matter, related to the application of this Act and the Acts concerned.

Administrative investigators must, on request, provide identification and produce their certificate of authority.

2022, c. 8, s. 1.

14. If a person believes that they can attribute to the presence of a contaminant in the environment or to the release of a contaminant harm to their health or damage to their property, they may, within 30 days of ascertaining the harm or damage, request the Minister to conduct an administrative investigation.

A person who considers that their right to access to water that is safe for drinking, cooking and personal hygiene is compromised by a water withdrawal may also request that the Minister conduct an administrative investigation.

The first paragraph applies to municipalities as regards damage to their property.

2022, c. 8, s. 1.

15. The Minister must provide a report of the results of any administrative investigation the Minister considers necessary to conduct under section 14 to the one the Minister believes responsible, to the complainant and to the municipality in whose territory the source of contamination is situated.

2022, c. 8, s. 1.

16. For the purposes of conducting an administrative investigation, the Minister and the person appointed to conduct the investigation are vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment.

2022, c. 8, s. 1.

DIVISION IV NOTICES OF EXECUTION

2022, c. 8, s. 1.

17. A person designated by the Minister may, to ensure a return to compliance with this Act or the Acts concerned after a failure to comply has been ascertained in the course of an inspection or a penal or administrative investigation, within the time and according to the conditions the person determines,

(1)  require that the release of a contaminant stop, if the release threatens human life, health, safety, welfare or comfort, threatens the life, health or safety of other living species or could cause damage to ecosystems or property;

(2)  require that an apparatus or equipment be stopped;

(3)  prohibit the sale or use of a product, apparatus or equipment;

(4)  require remedial measures to be taken with respect to any failure to comply that has been ascertained;

(5)  if the failure to comply that has been ascertained concerns carrying on an activity without having first obtained the authorization required under one of the Acts concerned,

(a)  require payment of the financial compensation that would have been required under the Act concerned for the issue of the authorization, in accordance with the calculation rules set out for that purpose by regulation; and

(b)  require payment of the fees prescribed by regulation for an application for authorization; and

(6)  take any measure the person considers necessary to facilitate the execution of an act under this section, including

(a)  require registers to be kept on any relevant matter;

(b)  require the person concerned to report periodically to the designated person; and

(c)  require the person concerned to send the designated person the information and documents specified and set out the measures the person concerned must take with respect to any matter specified.

The acts referred to in the first paragraph are notified to the person concerned by a written notice of execution or, in the case of subparagraph 5, by a notice of claim in accordance with section 63.

The notice of execution applies until the return to compliance or until the application of another measure with respect to the person concerned.

If a person fails to comply with a notice of execution within the time specified and according to the conditions determined, the Minister may have the notice of execution carried out at the person’s expense.

Despite the first paragraph, only the powers set out in subparagraphs 4 and 6 apply to see to the enforcement of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02).

2022, c. 8, s. 1.

18. A person concerned by a notice of execution may apply, in writing, to the Bureau de réexamen established by section 78 to have the notice reviewed within 30 days of its notification.

2022, c. 8, s. 1.

DIVISION V WORK CARRIED OUT BY THE MINISTER

2022, c. 8, s. 1.

19. Any person authorized by the Minister to carry out work on land in the private domain under a provision of this Act or the Acts concerned may enter on that land and there carry out the work required. Such a person must, on request, identify themselves and produce a certificate of authority signed by the Minister.

The person who, as owner or lessee or in any other capacity, has the custody of the land must give free access to the land at any reasonable time to the person referred to in the first paragraph.

2022, c. 8, s. 1.

DIVISION VI IMMUNITY

2022, c. 8, s. 1.

20. Inspectors, penal investigators and persons responsible for lending assistance to or accompanying them may not be prosecuted for an act performed or an omission made in good faith in the performance of their duties.

The same applies to any person referred to in the second paragraph of section 4 or in section 17, to any person authorized by the Minister to carry out work under this Act or a provision of the Acts concerned and to any member of the personnel of the Ministère du Développement durable, de l’Environnement et des Parcs for an act performed or an omission made for the purposes of research, study, analysis, inventory, appraisal, knowledge or monitoring.

2022, c. 8, s. 1.

CHAPTER III MONETARY ADMINISTRATIVE PENALTIES

2022, c. 8, s. 1.

21. The Minister develops and makes public a general framework for applying monetary administrative penalties in connection with penal proceedings, specifying the following elements, in particular:

(1)  the purposes of the penalties, including to encourage a person to rapidly take the measures required to remedy the failure to comply and to deter its repetition;

(2)  the categories of offices held by the persons designated to impose the penalties;

(3)  the criteria that must guide the designated persons when a failure to comply has been ascertained, including the nature of the failure, whether it has been repeated, the benefits derived from it, the seriousness of the harm or potential harm resulting from it and the measures taken by the person to remedy the failure;

(4)  the circumstances in which penal proceedings will be given priority; and

(5)  the other procedures connected with such penalties, such as the fact that they must be preceded by notification of a notice of non-compliance.

2022, c. 8, s. 1.

22. A monetary administrative penalty is imposed by a person designated in this regard by the Minister. The person designated must notify their decision by a notice of claim in accordance with section 63.

No accumulation of monetary administrative penalties may be imposed on the same person for failure to comply with the same provision if the failure occurs on the same day and is based on the same facts. In cases where more than one penalty would be applicable, the person imposing the penalty determines which penalty is most appropriate in light of the circumstances and the purposes of the penalties.

2022, c. 8, s. 1.

23. A monetary administrative penalty of $500 in the case of a natural person and $2,500 in any other case may be imposed on anyone who prevents any of the persons listed below from exercising powers conferred on them by this Act or the Acts concerned, impedes them or neglects to obey an order that such a person may give under this Act or the Acts concerned:

(1)  an inspector, a penal investigator or any person responsible for lending assistance to or accompanying them;

(2)  any person authorized by the Minister under the second paragraph of section 4 or designated by the Minister under the first paragraph of section 17; or

(3)  any person authorized by the Minister to carry out work under a provision of this Act or the Acts concerned.

2022, c. 8, s. 1.

24. A monetary administrative penalty of $1,000 in the case of a natural person and $5,000 in any other case may be imposed on anyone who fails or neglects to comply with a notice of execution under section 17.

2022, c. 8, s. 1.

25. No decision to impose a monetary administrative penalty may be notified to a person for failure to comply with a provision of this Act or the Acts concerned if a statement of offence has already been served on the person for contravention of the same provision on the same day and based on the same facts.

2022, c. 8, s. 1.

26. If failure to comply with this Act or the Acts concerned is ascertained, a notice of non-compliance may be notified to the person concerned urging that the necessary measures be taken immediately to remedy the failure. Such a notice must mention that the failure may, in particular, give rise to a monetary administrative penalty and penal proceedings.

2022, c. 8, s. 1.

27. If a failure to comply for which a monetary administrative penalty may be imposed continues for more than one day, it constitutes a new failure for each day it continues.

In particular, continuing, day after day, to use a facility or infrastructure or to carry on an activity without holding the required authorization, without obtaining an amendment to an existing authorization or without having declared an activity under one of the Acts concerned constitutes, for anyone who does so, a new failure for each day this continues.

2022, c. 8, s. 1.

28. The imposition of a monetary administrative penalty for failure to comply with this Act or the Acts concerned is prescribed by two years from the date on which the failure to comply was ascertained.

In the absence of evidence to the contrary, the date of the inspection or investigation report ascertaining the failure to comply constitutes conclusive proof of the date on which the failure to comply was ascertained.

2022, c. 8, s. 1.

29. A person on whom a monetary administrative penalty is imposed may apply, in writing, to the Bureau de réexamen for review of the decision within 30 days of the notification of the notice of claim sent to the person.

2022, c. 8, s. 1.

30. The Government or the Minister may, in a regulation made under this Act or the Acts concerned, specify that failure to comply with a provision of the regulation may give rise to a monetary administrative penalty. The regulation may set out the conditions for applying the penalty and determine the amounts or the methods for calculating them. The amounts may vary in particular according to the extent to which the standards have been violated.

Unless otherwise provided for in this Act or the Acts concerned, the amounts of the monetary administrative penalties prescribed by a regulation referred to in the first paragraph may not exceed the following maximum amounts:

(1)  $2,000 in the case of a natural person; and

(2)  $10,000 in any other case.

2022, c. 8, s. 1.

CHAPTER IV REFUSAL, AMENDMENT, SUSPENSION, REVOCATION AND CANCELLATION OF AUTHORIZATION

2022, c. 8, s. 1.

31. This Chapter applies in addition to any other similar power provided for this purpose by the Acts concerned.

It does not apply in the case of a finding of guilt with respect to a criminal offence if the person has obtained a pardon for the offence.

2022, c. 8, s. 1.

32. The Government or the Minister may refuse to issue, amend or renew an authorization required under the Acts concerned, may amend, suspend, revoke or cancel such an authorization, in whole or in part, or may oppose its transfer if, where applicable, the applicant or authorization holder or, in the case of a legal person, one of its directors, officers or shareholders

(1)  is the prête-nom of another person;

(2)  has, in the last five years, been found guilty of an offence under a fiscal law, a criminal offence connected with activities covered by the authorization or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);

(3)  has filed a false declaration, document or information, or has distorted or has omitted to report a material fact to have the authorization issued, maintained, amended, renewed or transferred;

(4)  has been found guilty of an offence under any Act that is administered by the Minister or any regulation made under those Acts

(a)  in the last five years if the minimum amount of the fine to which the offender is liable for the offence was the amount provided for in section 45; or

(b)  in the last two years in any other case;

(5)  has failed to comply with a notice of execution sent under section 17, except in the case provided for in subparagraph 8 of this section;

(6)  has failed to comply with an order made under any Act that is administered by the Minister;

(7)  has failed to comply with an injunction made under any Act that is administered by the Minister;

(8)  has defaulted on payment of an amount owed under any Act that is administered by the Minister or the regulations, including a fine, a monetary administrative penalty and, in cases where prior authorization should have been obtained and payment of compensation and related fees made, financial compensation or the fees payable;

(9)  has failed to comply with any provision of any Act that is administered by the Minister or the regulations and has not remedied the failures that were ascertained at the time of an inspection or investigation, within the time and according to the conditions set out for doing so; and

(10)  is not dealing at arm’s length, within the meaning of the Taxation Act (chapter I-3), with a person who carries on a similar activity but whose authorization has been suspended, revoked or cancelled or is the subject of an injunction or order to that effect, unless it is proven that the activity of the applicant or authorization holder does not constitute a continuation of the activity of that person.

Subparagraphs 7 and 8 of the first paragraph apply only upon expiry of the following time limits, as applicable:

(1)  in the case of an amount owing, the time for applying for a review, if applicable;

(2)  the time for contesting the decision before the competent court or tribunal; or

(3)  the 30th day following the final decision of the court or tribunal confirming all or part of the decision.

2022, c. 8, s. 1.

33. The Government or the Minister may refuse to issue, amend or renew an authorization required under the Acts concerned, may amend, suspend, revoke or cancel such an authorization, in whole or in part, or may oppose its transfer if, where applicable, the applicant or authorization holder or, in the case of a legal person, one of its directors, officers or shareholders has entered into a contract for a loan of money with a person to finance activities covered by the authorization and if this person or, in the case of a legal person, one of its directors, officers or shareholders has, in the last five years, been found guilty of an offence under a fiscal law, a criminal offence connected with activities covered by the authorization or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46).

For the purposes of the first paragraph, “loan of money” means a loan that is not granted by insurers governed by the Insurers Act (chapter A-32.1), financial services cooperatives governed by the Act respecting financial services cooperatives (chapter C-67.3), trust companies or savings companies governed by the Trust Companies and Savings Companies Act (chapter S-29.02) or banks listed in Schedule I or II of the Bank Act (S.C. 1991, c. 46), to the extent that those financial institutions are duly authorized to act in that capacity.

2022, c. 8, s. 1.

34. The Government or the Minister may refuse to amend or renew an authorization required under the Acts concerned, may amend, suspend, revoke or cancel such an authorization, in whole or in part, or may oppose its transfer if, where applicable, the applicant or authorization holder or, in the case of a legal person, one of its directors, officers or shareholders is a director, officer or shareholder of a legal person who

(1)  has been found guilty of an offence under any Act that is administered by the Minister or any regulation made under those Acts

(a)  in the last five years if the minimum amount of the fine to which the offender is liable for the offence was the amount provided for in section 45; or

(b)  in the last two years in any other case; or

(2)  has been, in the last five years, found guilty of an offence under a fiscal law, a criminal offence related to activities covered by the authorization or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (L.R.C. 1985, c. C-46).

2022, c. 8, s. 1.

35. The Government or the Minister may, for a reason in the public interest, refuse to issue, amend or renew an authorization required under the Acts concerned, may amend, suspend, revoke or cancel such an authorization, in whole or in part, or may oppose its transfer if, where applicable, the applicant or authorization holder is named in the register of enterprises ineligible for public contracts kept under section 21.6 of the Act respecting contracting by public bodies (chapter C-65.1).

2022, c. 8, s. 1.

36. The Government or the Minister may, for all or part of a project subject to an authorization under the Acts concerned, amend the authorization, refuse to amend or renew it, or suspend, revoke or cancel it in the following cases:

(1)  if the authorization holder fails to comply with any of the authorization’s provisions or uses the authorization for purposes other than those specified in it;

(2)  if the authorization holder fails to comply with a provision of the Act or the regulation under which the authorization was issued; or

(3)  if the authorization holder fails to begin an activity within the time specified in the authorization or, if no time is specified, within two years after the authorization is issued.

2022, c. 8, s. 1.

37. If, in light of new or additional information that becomes available after an authorization is issued or after existing information is reassessed on the basis of new or additional scientific knowledge, the Minister is of the opinion that an activity that the Minister authorized under an Act concerned could cause irreparable harm or damage to or have serious adverse effects on living species, human health or the environment, the Minister may limit or put a stop to the activity or make it subject to any specific standard, condition, restriction or prohibition that the Minister deems necessary to remedy the situation, for the period the Minister determines or permanently.

The Minister may exercise the power provided for under the first paragraph with regard to an activity authorized by the Government under an Act concerned, if applicable. However, such a decision is valid for a period of not more than 30 days.

The Minister may also, for the same reasons and to the same extent as provided for in the first paragraph, limit or put a stop to any activity for which a declaration of compliance was filed or which may be carried out without prior authorization under the Environment Quality Act (chapter Q-2). The Minister may make such an activity subject to any specific standard or any condition, restriction or prohibition the Minister determines.

A decision made under this section entails no compensation from the State and prevails over any incompatible provision of an Act, by-law, regulation or order in council.

2022, c. 8, s. 1.

38. For activities carried on in connection with a project it has authorized under an Act concerned, the Government may, on the Minister’s recommendation based on the reasons set out in the first paragraph of section 37, for the period it determines or permanently,

(1)  modify the specific standards or conditions, restrictions or prohibitions governing the activity concerned;

(2)  impose any new specific standard or condition, restriction or prohibition on the activity; or

(3)  limit or put a stop to the activity.

A decision made under this section entails no compensation from the State and prevails over any incompatible provision of an Act, by-law, regulation or order in council.

2022, c. 8, s. 1.

39. Before making a decision under sections 32 to 37, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the person concerned and allow the person at least 15 days to submit observations.

In addition, before recommending to the Government that it make a decision under those sections or section 38, the Minister must allow the applicant or authorization holder at least 15 days to submit written observations.

Despite the first and second paragraphs, the Government or the Minister may make a decision without notifying the prescribed prior notice if the decision is made in a situation where urgent action is required or so as to prevent serious or irreparable harm or damage to human beings, ecosystems, other living species, the environment or property. However, a person to whom such a decision is notified may, within the time specified in the decision, submit observations to obtain a review of the decision.

2022, c. 8, s. 1.

40. Any decision made under this Chapter must be notified to the person concerned. If the decision concerns a decision made by the Minister under sections 32 to 37, the notice of notification must state the person’s right to contest the decision before the Administrative Tribunal of Québec and the time limit for bringing such a proceeding.

2022, c. 8, s. 1.

41. Any decision made by the Minister under sections 32 to 37 may be contested by the person concerned before the Administrative Tribunal of Québec.

2022, c. 8, s. 1.

CHAPTER V PENAL PROVISIONS

2022, c. 8, s. 1.

42. Anyone who hinders the work of any of the persons listed below, impedes them, misleads them by an act, concealment, omissions or false declarations, refuses or neglects to obey an order that such a person may give under this Act or the Acts concerned or refuses or neglects to lend them assistance commits an offence and is liable to a fine of $2,500 to $250,000 in the case of a natural person and to a fine of $7,500 to $1,500,000 in any other case:

(1)  an inspector, a penal investigator or any person responsible for lending assistance to or accompanying them;

(2)  any person authorized by the Minister under the second paragraph of section 4 or designated by the Minister under the first paragraph of section 17; or

(3)  any person authorized by the Minister to carry out work under a provision of this Act or the Acts concerned.

2022, c. 8, s. 1.

43. Anyone who fails or neglects to comply with a notice of execution sent under section 17 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, and, in any other case, to a fine of $15,000 to $3,000,000.

2022, c. 8, s. 1.

44. Anyone who fails to comply with an order rendered by a judge under section 55 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 three years, or to both the fine and imprisonment, and, in any other case, to a fine of $30,000 to $6,000,000.

2022, c. 8, s. 1.

45. The Government or the Minister may determine the provisions of a regulation the Government or the Minister has made under this Act or the Acts concerned whose contravention constitutes an offence and renders the offender liable to a fine the minimum and maximum amounts of which are set by the Government or the Minister. The Government or the Minister may also provide that, despite article 231 of the Code of Penal Procedure (chapter C-25.1), a contravention renders the offender liable to a term of imprisonment or to both the imprisonment and the fine.

The maximum penalties set under the first paragraph may, in particular, vary according to the importance of the standards to which the contravention relates, but may not exceed

(1)  in the case of a natural person, $1,000,000 or, despite article 231 of the Code of Penal Procedure, a maximum term of imprisonment of three years, or both; and

(2)  in any other case, $6,000,000.

2022, c. 8, s. 1.

46. The fines prescribed by this Act and the Acts concerned are doubled for a second offence and tripled for a subsequent offence. The maximum term of imprisonment is five years less a day for a second or subsequent offence.

Furthermore, if an offender commits an offence under this Act or the Acts concerned after having previously been found guilty of any such offence and if, without regard to the amounts prescribed for a second or subsequent offence, the minimum fine to which the offender was liable for the first offence was equal to or greater than the minimum fine prescribed for the second offence, the minimum and maximum fines and, if applicable, the term of imprisonment prescribed for the second offence become, if the prosecutor so requests, those prescribed in the case of a second or subsequent offence.

2022, c. 8, s. 1.

47. If an offence under this Act or the Acts concerned is committed by a director or officer of a legal person, partnership or association without legal personality, the minimum and maximum fines that would apply in the case of a natural person for this offence are doubled.

2022, c. 8, s. 1.

48. If an offence under this Act or the Acts concerned continues for more than one day, it constitutes a separate offence for each day it continues.

In particular, anyone who continues, day after day, to use a facility or infrastructure or to carry on an activity without holding the required authorization, without obtaining an amendment to an existing authorization or without having declared an activity under one of the Acts concerned commits a separate offence for each day.

2022, c. 8, s. 1.

49. Anyone who, by an act or omission, helps a person to commit an offence under this Act or the Acts concerned or induces a person, by encouragement, advice, consent, authorization or order to commit such an offence commits that offence and is liable to the same penalty as that prescribed for the offence they helped or induced the person to commit.

2022, c. 8, s. 1.

50. In any penal proceedings related to an offence under this Act or the Acts concerned, proof that the offence was committed by an agent, mandatary or employee of any party is sufficient to establish that it was committed by that party, unless the party establishes that it exercised due diligence and took all necessary precautions to prevent the offence.

2022, c. 8, s. 1.

51. If a legal person or agent, mandatary or employee of a legal person, partnership or association without legal personality commits an offence under this Act or the Acts concerned, the director or officer of the legal person, partnership or association is presumed to have committed the offence, unless it is established that they exercised due diligence and took all necessary precautions to prevent the offence.

For the purposes of this section, in the case of a partnership, all partners, except special partners, are presumed to be directors of the partnership, unless there is evidence to the contrary appointing one or more of them, or a third person, to manage the affairs of the partnership.

2022, c. 8, s. 1.

52. A professional within the meaning of the Professional Code (chapter C‑26) who knowingly produces false or misleading information with regard to a document produced in accordance with a provision of any of the Acts concerned and for which the provision of the Act requires the signature of a professional is presumed to have personally produced a false or misleading document even if another person was under the obligation to produce the document.

If penal proceedings are brought against a professional under the first paragraph, the Minister must inform the syndic of the professional order concerned. The same applies for any offence committed by a professional under the Acts concerned with regard to a false or misleading signature or attestation.

2022, c. 8, s. 1.

53. In determining the penalty, the judge takes into account aggravating factors such as

(1)  the seriousness of the harm or damage, or of the risk of serious harm or damage, to human health, to the environment, including vegetation and wildlife, or to the safety of persons or property;

(2)  the specific nature of the environment or place affected, in particular, whether the feature affected is unique, rare, significant or vulnerable;

(3)  the fact that the offender acted intentionally, or was negligent or reckless;

(4)  the foreseeable character of the offence or the failure to follow recommendations or warnings to prevent it;

(5)  the cost to society of repairing the harm or damage;

(6)  the dangerous nature of the substances resulting in the offence;

(7)  the lasting or irreparable damage caused by the offence;

(8)  the offender’s behaviour after committing the offence, in particular, whether the offender attempted to cover up the offence or omitted to take rapid measures to prevent or limit the damage or to remedy the situation;

(9)  the fact that the offender has previously failed to comply with legislation, regulations or by-laws aimed at conserving or protecting human health or the environment, including vegetation and wildlife;

(10)  the fact that, by committing the offence or omitting to take measures to prevent it, the offender

(a)  increased their revenue;

(b)  decreased their expenses;

(c)  obtained any other benefit by committing the offence; or

(d)  intended to obtain the benefits mentioned in subparagraphs a, b or c; and

(11)  the fact that the offender failed to take reasonable measures to prevent the commission of the offence or limit its effects despite the offender’s financial ability to do so, given, in particular, the size of the offender’s undertaking and the offender’s assets, turnover and revenues.

A judge who, despite the presence of an aggravating factor, decides to impose the minimum fine must give reasons for the decision.

2022, c. 8, s. 1.

54. On an application made by the prosecutor and submitted with the statement of offence, the judge may impose, in addition to any other penalty, a further fine on the offender not exceeding the financial benefit realized by the offender as a result of the offence, even if the maximum fine was imposed.

2022, c. 8, s. 1.

55. In the judgment, the judge may order an offender who has been found guilty under this Act or one of the Acts concerned

(1)  to refrain from any action or activity that could lead to the continuation or repetition of the offence;

(2)  to carry out any action or activity to prevent the offence from being continued or repeated;

(3)  to prepare any plan, submit it to the Minister for approval and abide by it once it is approved;

(4)  to provide the Minister with any study, opinion or analysis that the situation requires or pay an amount of money to a person or body designated by the judge to provide such studies, opinions or analyses;

(5)  to take the appropriate measures to remedy the failures that were ascertained;

(6)  to take one or more of the following measures, with priority given to those determined by the judge as being best for attaining the objective of the Act that was violated:

(a)  to restore things to the state they were in prior to the offending act;

(b)  to restore things to a state approaching their original state;

(c)  to repair or mitigate damage resulting from the commission of the offence;

(d)  if the offence concerns carrying on an activity without having first obtained the authorization required under one of the Acts concerned, to pay the financial compensation that would have been required under the Act concerned for the issue of the authorization, in accordance with the calculation rules set out for that purpose;

(e)  to perform community service in favour of the environment, living species, the safety of persons or property or the conservation of biodiversity, subject to the conditions determined by the judge;

(f)  to pay compensation, in a lump sum or otherwise, for repair of damage resulting from the commission of the offence;

(g)  to pay, as compensation for damage resulting from the commission of the offence, an amount of money to the Electrification and Climate Change Fund established under section 15.1 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001) or to the Fund for the Protection of the Environment and the Waters in the Domain of the State established under section 15.4.38 of that Act;

(h)  to pay, in the manner specified by the judge, an amount of money to an educational institution to create scholarships for anyone enrolled in a program of studies related to the environment; and

(i)  to implement any other compensatory measure;

(7)  to provide security or deposit an amount of money to guarantee performance of the offender’s obligations;

(8)  to make public, under the conditions determined by the judge, the conviction and the imposition of any prevention or repair measures; and

(9)  to inform, at the offender’s cost, any indirect victim of the facts related to the commission of the offence.

Moreover, if the Minister, in carrying out this Act or the Acts concerned, has taken measures in the offender’s place and stead, the judge may order the offender to reimburse the Minister for the direct and indirect costs of such measures, including interest.

The judge may also, in the judgment, order the forfeiture of the property seized during an inspection or investigation. The rules set out in the Code of Penal Procedure (chapter C-25.1) apply to the property forfeited.

2022, c. 8, s. 1.

56. The prosecutor must give the offender at least 10 days’ prior notice of any application concerning subparagraphs 5 and 6 of the first paragraph of section 55, unless the parties are in the presence of a judge. The judge must, before issuing an order concerning those applications and on the request of the offender, grant the offender what the judge considers a reasonable period of time in which to present evidence with regard to the prosecutor’s application.

2022, c. 8, s. 1.

57. When someone refuses or neglects to do something ordered by the court, the Minister may cause the thing to be done at the expense of the offender and may recover the costs from the offender, with interest and other charges.

2022, c. 8, s. 1.

58. When determining a fine higher than the minimum fine prescribed in this Act or the Acts concerned, or when determining the time within which an amount must be paid, the judge may take into account the offender’s ability to pay, provided the offender provides proof of assets and liabilities.

2022, c. 8, s. 1.

59. The prescription period for penal proceedings for offences under this Act or the Acts concerned is the longer of

(1)  five years from the date the offence was committed; or

(2)  two years from the date on which the inspection or penal investigation that led to the discovery of the offence began

(a)  if false declarations were made to the Minister, an inspector, a penal or administrative investigator, a person responsible for lending assistance to or accompanying them or a person authorized by the Minister under the second paragraph of section 4 or the first paragraph of section 17; or

(b)  in the other cases provided for by the Acts concerned.

In the cases referred to in subparagraph 2 of the first paragraph, the certificate of the Minister, the inspector or the investigator constitutes, in the absence of evidence to the contrary, conclusive proof of the date on which the inspection or investigation began.

2022, c. 8, s. 1.

CHAPTER VI CLAIMS AND RECOVERY

2022, c. 8, s. 1.

60. The Minister may claim payment from any person of an amount owed to the Minister under this Act or the Acts concerned by notification of a notice of claim.

If a notice of claim applies to more than one debtor, the debtors are solidarily liable.

2022, c. 8, s. 1.

61. Despite section 60, the claim is made

(1)  by the person designated by the Minister under section 17 if it concerns sending a notice of execution; or

(2)  by the person designated by the Minister under section 22 if it concerns imposing a monetary administrative penalty.

2022, c. 8, s. 1.

62. Unless otherwise provided, any amount owing bears interest at the rate determined under the first paragraph of section 28 of the Tax Administration Act (chapter A-6.002), from the 31st day after notification of the notice referred to in section 61.

The interest is capitalized monthly.

2022, c. 8, s. 1.

63. The notice of claim must indicate

(1)  the amount claimed;

(2)  the reasons why the amount is owing; and

(3)  the time from which it bears interest.

If the notice of claim concerns the imposition of a monetary administrative penalty or the payment of the financial compensation or the fees referred to in section 17, the notice must also mention the debtor’s right to obtain a review of the decision before the Bureau de réexamen and the time limit for applying for a review. In any other case, the notice must mention the debtor’s right to contest the claim before the Administrative Tribunal of Québec and the time limit for doing so.

The notice also includes information on the procedure for payment and recovery of the amount claimed. The debtor is also informed that failure to pay the amount owing could result in the refusal to issue an authorization required under one of the Acts concerned or the amendment, suspension, revocation or cancellation of any such authorization and, if applicable, that the facts on which the claim is founded could result in a notice of execution, in an order or in civil or penal proceedings.

2022, c. 8, s. 1.

64. Notification of a notice of claim interrupts the prescription provided for in the Civil Code for the recovery of an amount owing.

2022, c. 8, s. 1.

65. Any notice of claim, other than a notice of claim notified under section 17 or 22, may, within 30 days of notification of the notice, be contested by the debtor concerned before the Administrative Tribunal of Québec.

2022, c. 8, s. 1.

66. The directors and officers of a legal person that has defaulted on payment of an amount owed are solidarily liable, with the legal person, for payment of the amount, unless they establish that they exercised due care and diligence to prevent the failure which led to the claim.

In the case of a partnership or an association without legal personality, all partners, except the special partners of a limited partnership, are presumed to be directors of the partnership or association, unless there is evidence to the contrary that one or more of them, or a third person, has been appointed to manage the affairs of the partnership or association.

2022, c. 8, s. 1.

67. The reimbursement of an amount owing is secured by a legal hypothec on the debtor’s movable and immovable property.

2022, c. 8, s. 1.

68. The Minister and the debtor of an amount owing may enter into an agreement with regard to its payment.

The agreement or the payment, in whole or in part, of the amount owing does not constitute, for the purposes of any monetary administrative penalty or penal proceedings, an acknowledgement of the facts giving rise to it.

2022, c. 8, s. 1.

69. The Minister may, if the debtor fails to pay the amount owing in its entirety or to adhere to the conditions of an agreement entered into under section 68, issue a recovery certificate upon, as applicable,

(1)  expiry of the time prescribed for applying for a review, before the Bureau de réexamen, of a decision referred to in this Act or the Acts concerned;

(2)  expiry of the time prescribed for contesting, before the Administrative Tribunal of Québec, a decision of the Bureau de réexamen or a notice of claim other than a notice of claim notified in accordance with section 17 or 22 referred to in this Act or the Acts concerned; or

(3)  expiry of 30 days after the decision of the Administrative Tribunal of Québec confirming a decision of the Bureau de réexamen or a notice of claim other than a notice of claim notified in accordance with section 17 or 22 referred to in this Act or the Acts concerned.

However, a recovery certificate may be issued before expiry of the time referred to in the first paragraph if the Minister is of the opinion that the debtor is attempting to evade payment.

The recovery certificate states the debtor’s name and address and the amount of the debt.

2022, c. 8, s. 1.

70. When the Minister of Revenue allocates, after a recovery certificate has been issued and in accordance with section 31 of the Tax Administration Act (chapter A-6.002), a refund owed to a person by reason of the application of a fiscal law to the payment of an amount owed by that person under this Act or an Act concerned, the allocation interrupts the prescription provided for in the Civil Code as regards the recovery of that amount.

2022, c. 8, s. 1.

71. Upon the filing of a copy of the final decision stating the amount of the debtor’s debt and the certificate of the Minister at the office of the competent court, the decision becomes enforceable, as if it were a final judgment of that court not subject to appeal, and has all the effects of such a judgment.

2022, c. 8, s. 1.

72. The debtor is required to pay recovery charges incurred by the Minister in the cases and under the conditions determined by a regulation of the Minister.

2022, c. 8, s. 1.

73. The Minister may, by agreement, delegate to another department or to a public body all or some of the powers relating to the recovery of an amount owing under this Act or the Acts concerned.

2022, c. 8, s. 1.

CHAPTER VII ACCOUNTABILITY

2022, c. 8, s. 1.

74. The Minister keeps a register of the following information related to the notices of execution sent under this Act:

(1)  the notice of execution sent under the second paragraph of section 17, including the date on which it takes effect;

(2)  the date and nature of the failure for which the notice was sent and the legislative and regulatory provisions under which the measures were imposed;

(3)  the name of the municipality in whose territory the failure occurred;

(4)  if the notice concerns a legal person, its name and the address of its head office or the address of one of its establishments or the business establishment of one of its agents;

(5)  if the notice concerns a partnership or association without legal personality, the name and address of the partnership or association;

(6)  if the notice concerns a natural person, the person’s name, the name of the municipality in whose territory the person resides and, if the failure occurred during the course of business of the person’s enterprise, the enterprise’s name and address;

(7)  if applicable, the date of receipt of an application for review and the date and conclusions of the Bureau de réexamen’s decision;

(8)  if applicable, the date a proceeding was brought before the Administrative Tribunal of Québec and the date and conclusions of the Tribunal’s decision, as soon as the Minister is made aware of the information;

(9)  if applicable, the date any proceeding was brought against the Administrative Tribunal of Québec’s decision, the nature of the proceeding and the date and conclusions of the decision rendered by the court concerned, as soon as the Minister is made aware of the information; and

(10)  any other information the Minister considers of public interest.

2022, c. 8, s. 1.

75. The Minister keeps a register of the following information related to the monetary administrative penalties imposed under this Act or the Acts concerned:

(1)  the date the penalty was imposed;

(2)  the date and nature of the failure for which the penalty was imposed and the legislative and regulatory provisions under which it was imposed;

(3)  the name of the municipality in whose territory the failure occurred;

(4)  if the penalty concerns a legal person, the legal person’s name and the address of its head office or one of its establishments or the business establishment of one of its agents;

(5)  if the penalty concerns a partnership or association without legal personality, the name and address of the partnership or association;

(6)  if the penalty concerns a natural person, the person’s name, the name of the municipality in whose territory the person resides and, if the failure occurred during the course of business of the person’s enterprise, the name and address of the enterprise;

(7)  the amount of the penalty imposed;

(8)  if applicable, the date of receipt of an application for review and the date and conclusions of the decision of the Bureau de réexamen;

(9)  if applicable, the date a proceeding was brought before the Administrative Tribunal of Québec and the date and conclusions of the Tribunal’s decision, as soon as the Minister is made aware of the information;

(10)  if applicable, the date any proceeding was brought against the Administrative Tribunal of Québec’s decision, the nature of the proceeding and the date and conclusions of the decision rendered by the court concerned, as soon as the Minister is made aware of the information; and

(11)  any other information the Minister considers of public interest.

2022, c. 8, s. 1.

76. The Minister keeps a register of the following information related to findings of guilt for offences under this Act or the Acts concerned:

(1)  the date of conviction;

(2)  the nature of the offence and the legislative or regulatory provisions under which the offender was convicted;

(3)  the date of the offence and the name of the municipality in whose territory it was committed;

(4)  if the offender is a legal person, its name and the address of its head office or one of its establishments or the business establishment of one of its agents;

(5)  if the offence concerns a partnership or association without legal personality, the name and address of the partnership or association;

(6)  if the offence concerns a natural person, the person’s name, the name of the municipality in whose territory the person resides and, if the offence was committed during the course of business of the person’s enterprise, the name and address of the enterprise;

(7)  if the offence concerns an officer or director of a legal person, partnership or association without legal personality, the officer’s or director’s name, the name of the municipality in whose territory the officer or director resides and, as applicable, the name and the address of the head office of the legal person or one of its establishments or the business establishment of one of its agents, or the name and address of the partnership or association;

(8)  the penalty imposed by the judge;

(9)  if applicable, the date a proceeding was brought against the decision rendered, the nature of the proceeding and the date and conclusions of the decision rendered by the competent court, as soon as the Minister is made aware of the information; and

(10)  any other information the Minister considers of public interest.

2022, c. 8, s. 1.

77. Subject to the right-of-access restrictions provided for in sections 28, 28.1 and 29 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1), the documents and information contained in the registers established under sections 74 to 76 are public, except information concerning the location of threatened or vulnerable species.

The Minister must publish such documents and information on the Minister’s department’s website with due dispatch.

2022, c. 8, s. 1.

CHAPTER VIII REMEDIES

2022, c. 8, s. 1.

DIVISION I BUREAU DE RÉEXAMEN

2022, c. 8, s. 1.

78. A review board known as the “Bureau de réexamen” is established as an administrative unit within the Ministère du Développement durable, de l’Environnement et des Parcs.

The Minister designates the persons who are part of the unit, who must belong to a unit that is separate from the unit to which the persons whose decisions are subject to review belong.

2022, c. 8, s. 1.

79. The Bureau de réexamen is responsible for processing applications for review under this Act, that is, those relating to the notices of execution referred to in section 17 and to the monetary administrative penalties imposed under this Act or the Acts concerned.

2022, c. 8, s. 1.

80. After giving the applicant an opportunity to submit observations and, if applicable, produce documents to complete the applicant’s record, the Bureau de réexamen renders a decision on the basis of the record, unless it considers it necessary to proceed in some other manner. The Bureau de réexamen may confirm, quash or amend the decision under review.

2022, c. 8, s. 1.

81. Applications for review must be processed promptly.

In the case of an application concerning payment of an amount owing, if the review decision is not rendered within 30 days of receipt of the application or, if applicable, of the time granted to the applicant to submit observations or documents, the interest provided for in section 62 on the amount owing ceases to accrue until the decision is rendered.

2022, c. 8, s. 1.

82. The review decision must be written in clear, concise terms, and must include reasons. It must be notified to the applicant, who must be informed of the applicant’s right to contest the decision before the Administrative Tribunal of Québec and of the time limit for doing so.

The review decision is published on the website of the Ministère du Développement durable, de l’Environnement et des Parcs.

2022, c. 8, s. 1.

83. A decision is executory despite its review, unless it concerns an amount owing. In such a case, subject to the second paragraph of section 81, even if the decision is not executory, interest nevertheless accrues from the date provided for in section 62.

2022, c. 8, s. 1.

84. A Bureau de réexamen decision may be contested by the person concerned before the Administrative Tribunal of Québec within 30 days of the decision’s notification.

2022, c. 8, s. 1.

DIVISION II ADMINISTRATIVE TRIBUNAL OF QUÉBEC

2022, c. 8, s. 1.

85. A proceeding before the Administrative Tribunal of Québec under this Act must be brought within 30 days of notification of the contested decision.

2022, c. 8, s. 1.

86. When rendering a decision concerning a notice of claim, the Administrative Tribunal of Québec may rule on the interest accrued between the date the contestation was brought and the date of the Tribunal’s decision.

2022, c. 8, s. 1.

87. A proceeding brought before the Administrative Tribunal of Québec does not suspend the execution of a decision, unless, on a motion heard and judged on an urgent basis, a member of the Tribunal orders otherwise because of the urgency of the situation or because of the risk of serious and irreparable harm.

If the Tribunal issues such an order, the proceeding is heard and judged on an urgent basis.

Despite the first paragraph, a proceeding to contest a decision relating to an amount owing suspends execution of the decision. In such a case, even if the decision is not executory, interest nevertheless accrues.

2022, c. 8, s. 1.

88. Any person may intervene before the Administrative Tribunal of Québec with respect to proceedings brought under this Act.

2022, c. 8, s. 1.

CHAPTER IX REGULATORY POWER

2022, c. 8, s. 1.

89. The Minister may, by regulation, set the rate applicable to the costs related to an inspection or investigation conducted under this Act or the Acts concerned, including the cost of sampling, measurement, testing, analysis or excavation.

2022, c. 8, s. 1.

90. The Minister may, by regulation, set the fees payable by any person the Minister specifies that are intended to cover the costs incurred for control and monitoring measures under this Act or the Acts concerned, in particular costs related to inspecting facilities and examining information or documents provided to the Minister.

The fees set under the first paragraph are based, in particular, on the nature of the activities, their location and the characteristics of the facilities. They are also set on the basis of the costs incurred to process documents, including costs incurred to examine them.

The fees may vary according to the nature, scope and cost of the project, the class of the source of contamination, the characteristics of the enterprise or establishment, in particular its size, and the complexity of the technical and environmental aspects of the record.

Under such a regulation, a person who has set up an environmental management system or a system to ensure the safety of persons and property that meets a recognized Québec, Canadian or international standard may be exempted from paying all or part of the fees referred to in the first paragraph, on the conditions determined in the regulation.

2022, c. 8, s. 1.

CHAPTER X MISCELLANEOUS PROVISIONS

2022, c. 8, s. 1.

91. In any civil or penal proceeding instituted under this Act or the Acts concerned, the cost of any inspection or investigation, including the cost of any sampling, measurement, test, analysis or excavation, is included in the cost of the proceedings.

Expenses incurred by the Minister to determine the nature of the work required to restore things to their original state or, if applicable, to implement compensatory measures must also be included in the cost of proceedings.

2022, c. 8, s. 1.

92. In any civil or penal proceeding instituted under this Act or the Acts concerned and in any proceeding brought before the Administrative Tribunal of Québec, a certificate of the analysis of a contaminant or other substance signed by a person having made the analysis at the request of the Minister is admissible in lieu of the person’s affidavit as regards the facts declared in it if the person attests on the certificate that they personally recorded the facts. The certificate is proof, in the absence of any evidence to the contrary, of the capacity of the person who signed it.

2022, c. 8, s. 1.

CHAPTER XI TRANSITIONAL AND FINAL PROVISIONS

2022, c. 8, s. 1.

93. The general framework for applying monetary administrative penalties under section 21 of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02), section 69.5 of the Natural Heritage Conservation Act (chapter C-61.01) and section 115.13 of the Environment Quality Act (chapter Q-2) remains applicable until it is replaced, with the necessary modifications, for the purposes of section 21 of this Act.

2022, c. 8, s. 1.

94. The certificates issued to the persons referred to in section 16 of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02), in sections 66, 66.3 and 66.4 of the Natural Heritage Conservation Act (chapter C-61.01), in section 28 of the Act respecting threatened or vulnerable species (chapter E-12.01), in sections 79 and 98 of the Pesticides Act (chapter P-9.3), in sections 119, 119.1, 120, 120.1 and 121.2 of the Environment Quality Act (chapter Q-2) and in section 32 of the Dam Safety Act (chapter S-3.1.01) to attest to their capacity are deemed to have been issued under this Act.

2022, c. 8, s. 1.

95. Any inspection, penal investigation or administrative investigation pending on 12 May 2022 initiated under the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02), the Natural Heritage Conservation Act (chapter C-61.01), the Act respecting threatened or vulnerable species (chapter E-12.01), the Pesticides Act (chapter P-9.3), the Environment Quality Act (chapter Q-2) or the Dam Safety Act (chapter S-3.1.01) is continued in accordance with the provisions of this Act.

2022, c. 8, s. 1.

96. Any claim or recovery pending on 12 May 2022 initiated under the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02), the Natural Heritage Conservation Act (chapter C-61.01), the Act respecting threatened or vulnerable species (chapter E-12.01), the Pesticides Act (chapter P-9.3), the Environment Quality Act (chapter Q-2) or the Dam Safety Act (chapter S-3.1.01) is continued in accordance with the provisions of this Act.

2022, c. 8, s. 1.

97. The Regulation respecting the rate to determine the costs of sampling, analysis, inspection or investigation included in the costs of civil or penal proceedings instituted for the purposes of the Environment Quality Act (chapter Q-2, r. 47) is deemed to have been made under section 89 of this Act.

The Regulation respecting the fees payable with respect to the traceability of excavated contaminated soils (chapter Q-2, r. 28.01) is deemed to have been made under section 90 of this Act.

2022, c. 8, s. 1.

98. The Minister of Sustainable Development, Environment and Parks is responsible for the administration of this Act.

2022, c. 8, s. 1.