M-15.2 - Act respecting the Ministère de l’Environnement

Replaced on 17 June 1994

This document has official status.

chapter M-15.2

Act respecting the Ministère de l’Environnement

Chapter M-15.2 is replaced by the Act respecting the Ministère de l’Environnement et de la Faune (chapter M-15.2.1). (1994, c. 17, s. 16).

1994, c. 17, s. 16.

DIVISION I ORGANIZATION OF THE DEPARTMENT

1. The Minister of the Environment, designated in this act as the “Minister”, has the direction and administration of the Ministère de l’Environnement.

1979, c. 49, s. 1.

2. The Government shall appoint a Deputy Minister of the Environment, hereinafter called the “Deputy Minister”.

1979, c. 49, s. 2.

3. Under the direction of the Minister, the Deputy Minister has the supervision of the personnel of the department; he shall administer its day-to-day business and exercise the other functions assigned to him by the Government.

1979, c. 49, s. 3.

4. The orders of the Deputy Minister must be carried out in the same manner as those of the Minister; his authority shall be that of the Minister and his official signature shall give force and effect to every document within the jurisdiction of the department.

1979, c. 49, s. 4.

5. The other officers necessary for the proper administration of the department shall be appointed and remunerated in conformity with the Public Service Act (chapter F-3.1.1).

1979, c. 49, s. 5; 1983, c. 55, s. 161.

6. The respective duties of the officers of the department not expressly defined by the act or by the Government shall be determined by the Minister.

1979, c. 49, s. 6.

7. No deed, document or writing shall bind the department or be attributed to the Minister unless it is signed by him, by the Deputy Minister or by an officer and only, as regards the latter, to the extent determined by regulation of the Government published in the Gazette officielle du Québec.

The Government may, however, upon the conditions it fixes, allow the required signature to be affixed by means of an automatic device to such documents as it determines.

The Government may also allow a facsimile of the required signature to be engraved, lithographed or printed on such documents as it determines; in such case the facsimile shall have the same force as the signature itself, if the document is countersigned by a person authorized by the Minister.

1979, c. 49, s. 7.

8. Any copy of a document forming part of the records of the department, certified true by a person contemplated in the first paragraph of section 7, shall be authentic and have the same force as the original.

1979, c. 49, s. 8.

8.1. (Repealed).

1982, c. 25, s. 40; 1992, c. 57, s. 613.

9. The Minister shall table a report of the activities of his department before the National Assembly for each fiscal period, within six months following the end of that period if the National Assembly is sitting or, if it is not, within thirty days following the opening of the next session or following resumption.

1979, c. 49, s. 9.

DIVISION II FUNCTIONS AND POWERS OF THE MINISTER

10. The Minister has the duties assigned to him and the powers vested in him by those Acts for whose administration he is responsible.

1979, c. 49, s. 10; 1987, c. 29, s. 130.

11. In addition, the Minister is responsible for the management of the public water supply and of water considered as a natural resource, and for ecological reserves.

For these purposes he may, in addition to the powers conferred on him under section 10, carry out or cause to be carried out studies concerning the dangers of flooding, soil erosion and landslides and implement long-term programmes to prevent or lessen the damage caused by those phenomena.

1979, c. 49, s. 11.

11.1. For the purposes of sections 10 and 11, the Minister of the Environment may, by order,

(1)  determine the places where the use of a part of the shore or bed of waters of the public domain to affix or deposit any gear or installations intended for commercial fishing is prohibited;

(2)  determine the gear or installations intended for commercial fishing the affixing or depositing of which on any part of the shore or bed of waters of the public domain is prohibited.

The order is published in the Gazette officielle du Québec.

1984, c. 16, s. 63.

DIVISION III TRANSITIONAL AND FINAL PROVISIONS

12. (Amendment integrated into c. E-18, s. 4).

1979, c. 49, s. 12.

13. (Amendment integrated into c. R-12, s. 55).

1979, c. 49, s. 13.

14. (Amendment integrated into c. M-34, s. 1).

1979, c. 49, s. 14.

15. (Inoperative, 1979, c. 81, s. 31).

1979, c. 49, s. 15.

16. (Amendment integrated into c. R-13, s. 1).

1979, c. 49, s. 16.

17. (Amendment integrated into c. R-13, s. 59).

1979, c. 49, s. 17.

18. (Amendment integrated into c. R-13, s. 74).

1979, c. 49, s. 18.

19. (Amendment integrated into c. P-37, s. 1).

1979, c. 49, s. 19.

20. (Amendment integrated into c. M-13, s. 1).

1979, c. 49, s. 20.

21. (Amendment integrated into c. M-13, s. 222.1).

1979, c. 49, s. 21.

22. (Amendment integrated into c. P-43, s. 1).

1979, c. 49, s. 22.

23. (Amendment integrated into c. Q-2, s. 1).

1979, c. 49, s. 23.

24. (Amendment integrated into c. Q-2, heading of Division II of Chapter I).

1979, c. 49, s. 24.

25. (Amendment integrated into c. Q-2, s. 2).

1979, c. 49, s. 25.

26. (Omitted).

1979, c. 49, s. 26.

27. (Amendment integrated into c. Q-2, s. 35).

1979, c. 49, s. 27.

28. (Amendment integrated into c. Q-2, s. 96).

1979, c. 49, s. 28.

29. (Amendment integrated into c. Q-2, s. 125).

1979, c. 49, s. 29.

30. (Amendment integrated into c. R-26, s. 1).

1979, c. 49, s. 30.

31. (Amendment integrated into c. R-26, s. 15).

1979, c. 49, s. 31.

32. (Omitted).

1979, c. 49, s. 32.

33. (Omitted).

1979, c. 49, s. 33.

34. The Minister exercises the functions and powers vested in the Director of environment protection services, even with regard to any request addressed to the latter before 1 April 1980.

1979, c. 49, s. 34; 1988, c. 49, s. 39.

35. (Omitted).

1979, c. 49, s. 35.

36. The Minister exercises the functions and powers vested in the Minister of Natural Resources in any act, regulation, order in council, directive, contract or document concerning water management and water supply, except those matters contemplated in section 3 and Division VIII of the Watercourses Act.

1979, c. 49, s. 36.

37. (Amendment integrated into c. R-13).

1979, c. 49, s. 37.

38. The Ministère de l’Environnement is substituted of right for the environment protection services in any act, regulation, order in council, ordinance, directive, contract or other document where those services are mentioned.

1979, c. 49, s. 38.

39. The officers of the Direction générale des eaux and of the Direction générale de l’administration of the Ministère des Richesses naturelles, those of the Ministère des Terres et Forêts assigned to the administration of ecological reserves and those of the environment protection services, in office on 28 November 1979, become, without further formality, officers of the Ministère de l’Environnement, as determined by the Government.

1979, c. 49, s. 39.

40. The appropriations allocated to the Ministère des Richesses naturelles for the activities of the Direction générale des eaux and of the Direction générale de l’administration, those allocated to the Ministère des Terres et Forêts for the administration of ecological reserves and those granted for the environment protection services are transferred to the Ministère de l’Environnement, as determined by the Government.

1979, c. 49, s. 40.

41. The records of the Ministère des Richesses naturelles respecting those matters contemplated in Division II of this act, those of the Ministère des Terres et Forêts respecting ecological reserves and those of the environment protection services devolve upon the Ministère de l’Environnement.

1979, c. 49, s. 41.

42. (Omitted).

1979, c. 49, s. 42.

43. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 49 of the statutes of 1979, in force on 1 November 1980, is repealed, except sections 32, 33, 35 and 42, effective from the coming into force of chapter M-15.2 of the Revised Statutes.