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M-30.001
- Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs
Table of contents
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0
Current Version
Full text
Updated to 1 April 2024
This document has official status.
chapter
M-30.001
Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs
SUSTAINABLE DEVELOPMENT, ENVIRONMENT AND PARKS
04
April
19
2006
04
April
19
2006
The Ministère du Développement durable, de l’Environnement et des Parcs is designated under the name of Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs. Order in Council 1115-2024 dated 17 July 2024, (2024) 156 G.O. 2 (French), 5363.
This Act was formerly entitled: “An Act respecting the Ministère de l’Environnement”. The title of the Act was replaced by section 22 of chapter 3 of the statutes of 2006.
1999, c. 36, s. 136
;
2006, c. 3, s. 22
.
DIVISION
I
ORGANIZATION OF THE DEPARTMENT
1
.
The Ministère du Développement durable, de l’Environnement et des Parcs shall be under the direction of the Minister of Sustainable Development, Environment and Parks appointed under the Executive Power Act (
chapter E-18
).
1994, c. 17, s. 1
;
1999, c. 36, s. 137
;
2006, c. 3, s. 35
.
The Ministère du Développement durable, de l’Environnement et des Parcs is designated under the name of Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs. The Minister of Sustainable Development, Environment and Parks is designated under the name of Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks. Order in Council 1115-2024 dated 17 July 2024, (2024) 156 G.O. 2 (French), 5363.
2
.
The Government, in accordance with the Public Service Act (
chapter F‐3.1.1
), shall appoint a person as Deputy Minister of Sustainable Development, Environment and Parks.
1994, c. 17, s. 2
;
1999, c. 36, s. 137
;
2006, c. 3, s. 35
.
3
.
Under the direction of the Minister, the Deputy Minister shall administer the department.
He shall, in addition, perform any other function assigned to him by the Government or the Minister.
1994, c. 17, s. 3
.
4
.
In the performance of his functions, the Deputy Minister has the authority of the Minister.
1994, c. 17, s. 4
.
5
.
The Deputy Minister may, in writing and to the extent he indicates, delegate the exercise of his functions under this Act to a public servant or the holder of a position.
He may, in the instrument of delegation, authorize the subdelegation of the functions he indicates, and in that case shall specify the title of the public servant or holder of a position to whom they may be subdelegated.
1994, c. 17, s. 5
.
6
.
The personnel of the department shall consist of the public servants required for the performance of the functions of the Minister; they shall be appointed in accordance with the Public Service Act (
chapter F-3.1.1
).
The Minister shall determine the duties of the public servants where they are not determined by law or by the Government.
1994, c. 17, s. 6
;
2000, c. 8, s. 242
.
7
.
The signature of the Minister or Deputy Minister gives authority to any document emanating from the department.
No deed, document or writing is binding on the Minister or may be attributed to him unless it is signed by him, the Deputy Minister, a member of the personnel of the department or the holder of a position and, in the latter two cases, only so far as determined by the Government.
1994, c. 17, s. 7
.
8
.
The Government may, on the conditions it determines, allow the signature of the Minister or Deputy Minister to be affixed by means of an automatic device to the documents it determines.
The Government may also allow a facsimile of the signature to be engraved, lithographed or printed on the documents it determines. The facsimile must be countersigned by a person authorized by the Minister.
1994, c. 17, s. 8
.
9
.
Any document or copy of a document emanating from the department or forming part of its records, signed or certified by a person referred to in the second paragraph of section 7, is authentic.
1994, c. 17, s. 9
.
9.1
.
The Minister may delegate the exercise of the powers conferred on him by this Act or by another Act under the Minister’s administration to the Deputy Minister, a member of the personnel of the department or the holder of a position within his department.
The Minister may, in writing, authorize the subdelegation of specified powers.
2022, c. 8
2022, c. 8
,
s.
36
1
.
DIVISION
II
FUNCTIONS AND POWERS
10
.
The Minister is responsible for the protection of the environment and for seeing to natural heritage conservation, in particular to maintain the ecological functions of the ecosystems that constitute that heritage.
The Minister shall also ensure the protection, sustainable use and supervision of the protected areas under the Minister’s responsibility as well as of the other environments that benefit from special conservation measures, in particular wetlands and bodies of water.
The Minister may encourage measures to conserve wetlands and bodies of water, restore those that are degraded or create new ones.
The Minister is also responsible for coordinating government action in the area of sustainable development and for promoting compliance with the principles of sustainable development, especially in their environmental aspects, within the Administration and among the public.
1994, c. 17, s. 10
;
1999, c. 36, s. 138
;
2006, c. 3, s. 23
;
2017, c. 14
2017, c. 14
,
s.
47
1
1
.
10.1
.
The Minister is by virtue of office the Government’s adviser on issues concerning the fight against climate change and shall ensure government-wide integrated governance of the fight against climate change, in particular with a view to State exemplarity in the matter.
The fight against climate change includes all measures to reduce, limit or prevent greenhouse gas emissions, in particular by electrification, to remove greenhouse gases from the atmosphere, to mitigate the environmental, economic and social consequences of such measures, to support the energy transition and to promote adaptation to the impacts of climate change and global warming, as well as Québec’s participation in regional or international partnerships in these areas and the development of such partnerships.
The Minister shall ensure compliance with the greenhouse gas reduction targets set by the Government under section 46.4 of the Environment Quality Act (
chapter Q-2
). The Minister shall ensure the coherence and coordination of policies, action plans, programs, consultation processes and other measures of the Government, government departments and public bodies that concern the fight against climate change and shall be involved in their preparation. Each minister or public body concerned continues to be responsible for choosing and implementing the means to achieve the results.
The Minister must be consulted when measures that could have a significant impact in the fight against climate change are developed. The Minister shall give the other ministers and the public bodies any opinion he considers appropriate to promote the fight against climate change and reduce climate risks, and shall recommend to them any adjustments necessary for those purposes, in particular when a proposed measure, in his opinion,
(
1
)
does not comply with the principles and objectives set out in the climate change framework policy provided for in section 46.3 of the Environment Quality Act;
(
2
)
does not comply with the greenhouse gas reduction or limitation targets set under section 46.4 of that Act; or
(
3
)
does not allow sufficient adaptation to climate change.
For the purposes of this Act,
“
public body
”
means a budget-funded body or a body other than a budget-funded body listed in Schedule 1 or 2 to the Financial Administration Act (
chapter A-6.001
).
The Minister shall exercise the responsibilities conferred on him by this section regarding the development of and participation in international partnerships with due regard for the powers and duties of the Minister of International Relations.
2020, c. 19
2020, c. 19
,
s.
1
1
;
2024, c. 5
2024, c. 5
,
s.
21
1
.
10.2
.
Identified energy distributors must submit to the Minister, for the Minister’s approval and within the time specified by the Minister, the programs and measures they propose to make available to their clients for a five-year period to make it possible to achieve the targets referred to in section 17.1.2 of the Act respecting the Ministère des Ressources naturelles et de la Faune (
chapter M-25.2
).
The programs and measures submitted must contain a description of the actions to be carried out, and the budgetary estimates, method of financing and time frame for carrying them out.
The Minister may, before approving a program or a measure and in order to ensure consistency among the programs and measures or if the Minister considers that they will not make it possible to meet the policy directions, general objectives and targets referred to in section 17.1.2 of the Act respecting the Ministère des Ressources naturelles et de la Faune, request that an identified energy distributor make the necessary changes to the programs or measures for which it is responsible.
For the purposes of this section,
“
identified energy distributor
”
means
(
1
)
Hydro-Québec when carrying on electric power distribution activities; or
(
2
)
a natural gas distributor as defined in section 2 of the Act respecting the Régie de l’énergie (
chapter R-6.01
).
2024, c. 5
2024, c. 5
,
s.
22
1
.
10.3
.
Identified energy distributors must carry out the programs and measures for which they are responsible under section 10.2.
If an identified energy distributor is unable to carry out such a program or measure within the time and in the manner approved by the Minister, it must notify the Minister as soon as possible. The Minister may, at the distributor’s expense, implement the program or measure the distributor has failed to carry out after giving the distributor 30 days’ written notice to that effect.
2024, c. 5
2024, c. 5
,
s.
22
1
.
10.4
.
Identified energy distributors must, every six months, send to the Minister a status report on the actions undertaken within the framework of the programs and measures the Minister has approved, as well as on the results obtained, including those based on the performance indicators determined by the Minister.
2024, c. 5
2024, c. 5
,
s.
22
1
.
10.5
.
Within the climate change framework policy referred to in section 46.3 of the Environment Quality Act (
chapter Q-2
), the Minister determines, for a five-year period, the amount of the energy distributors’ financial investment, by form of energy, to help support the energy transition measures arising from the implementation of the climate change framework policy referred to in section 46.3 of the Environment Quality Act.
Every energy distributor must pay to the Minister its annual contribution determined by the Régie de l’énergie in accordance with the due dates, the rate and the calculation method prescribed by government regulation. The regulation may also prescribe the terms of payment, the rate of interest on sums due and the penalties payable for failure to pay.
The rate, calculation method and terms of payment referred to in the second paragraph may, among other things, vary from one distributor or class of distributors to another. The regulation may also exempt a distributor or class of distributors.
The amount of the penalty that may be determined by the Government under the second paragraph may not exceed 15% of the sums due.
For the purposes of this section,
“
energy distributor
”
means
(
1
)
an identified energy distributor as defined in section 10.2;
(
2
)
a fuel distributor; or
(
3
)
a municipal electric power system governed by the Act respecting municipal and private electric power systems (
chapter S-41
) or the Coopérative régionale d’électricité de Saint-Jean-Baptiste de Rouville governed by the Act respecting the Coopérative régionale d’électricité de Saint-Jean-Baptiste de Rouville and repealing the Act to promote rural electrification by means of electricity cooperatives (1986, chapter 21); and
“
fuel distributor
”
means
(
1
)
a person who refines, manufactures, mixes, prepares or distils fuel in Québec;
(
2
)
a person who brings or causes to be brought into Québec fuel contained in one or more receptacles with a total capacity of over 200 litres, except fuel contained in a fuel tank installed as standard equipment to supply the engine of a vehicle;
(
3
)
a person who, in Québec, exchanges fuel with a person described in paragraph 1; or
(
4
)
a legal person or partnership that brings fuel into Québec for a purpose other than resale.
For the purposes of the definition of “fuel distributor” in the fifth paragraph,
“
fuel
”
means gasoline, diesel fuel, heating oil or propane, but not aviation fuel, marine bunker fuel, hydrocarbons used as raw material by industries that transform hydrocarbon molecules through chemical or petrochemical processes, or renewable fuel content.
For the purposes of the sixth paragraph,
“
diesel fuel
”
means a liquid mixture of hydrocarbons obtained from the refining of petroleum and intended to supply diesel engines;
“
gasoline
”
means a liquid mixture of hydrocarbons obtained from the refining of petroleum mainly for use as spark ignition engine fuel;
“
heating oil
”
means a liquid mixture of hydrocarbons obtained from the refining of petroleum and used for domestic, commercial, institutional or industrial heating;
“
propane
”
means a liquid mixture of hydrocarbons obtained from the refining of petroleum or the processing of natural gas and used either as spark ignition engine fuel or for such purposes as cooking and domestic, commercial, institutional and industrial heating.
2024, c. 5
2024, c. 5
,
s.
22
1
.
10.6
.
For the purposes of sections 10.2 to 10.5, the Minister may request that an energy distributor provide to the Minister, within the time the Minister specifies, any information or document the Minister considers necessary.
2024, c. 5
2024, c. 5
,
s.
22
1
.
11
.
The Minister shall elaborate and propose to the Government policies regarding, in particular,
(
1
)
the protection of ecosystems and biodiversity;
(
2
)
the prevention, abatement or elimination of water, air and soil contamination;
(
3
)
(subparagraph repealed)
;
(
4
)
the establishment and management of protected areas under the Natural Heritage Conservation Act (
chapter C-61.01
);
(
5
)
the protection of threatened or vulnerable plant species;
(
6
)
the development and carrying out of activities related to observation and knowledge of nature.
The Minister is responsible for ensuring the implementation of the policies and coordinating their application.
1994, c. 17, s. 11
;
1999, c. 36, s. 139
;
2002, c. 74, s. 82
;
2020, c. 19
2020, c. 19
,
s.
2
1
;
2021, c. 1
2021, c. 1
,
s.
52
1
.
11.1
.
In addition, the Minister shall, with respect to parks,
(
1
)
develop and propose to the Government policies concerning parks, see to their implementation and coordinate their application; and
(
2
)
be responsible for the management, development, supervision and protection of parks under the Parks Act (
chapter P‐9
) and the Act respecting the Saguenay-St. Lawrence Marine Park (
chapter P‐8.1
).
2006, c. 3, s. 24
.
12
.
For the purpose of performing his functions, the Minister may, in particular,
(
1
)
enter into an agreement, according to law, with a government other than that of Québec, a department of such a government, an international organization or an agency of such a government or organization;
(
2
)
enter into agreements with any person, municipality, group or body;
(
2.1
)
prepare plans and programs to promote the sustainability of development and, with the authorization of the Government, see to the carrying out of those plans and programs;
(
3
)
take samples or carry out research, inventories, studies, analyses, calculations, assessments, expert evaluations or verifications and provide, on request and for consideration, specialized services and related products in those areas;
(
4
)
obtain from government departments and bodies the information required to elaborate and implement his policies, plans and programs;
(
5
)
compile, analyze, communicate, publish and disseminate the information available to him, in particular that obtained pursuant to section 2.2 of the Environment Quality Act (
chapter Q-2
);
(
6
)
advise the Government on any matter within his competence;
(
7
)
provide a grant or any other form of financial assistance in accordance with the Public Administration Act (
chapter A-6.01
), in particular for carrying out plans, programs, projects, research, studies or analyses, for acquiring knowledge or for acquiring or operating certain public utility installations;
(
8
)
lease or acquire any property by agreement, by a call for tenders or by expropriation in accordance with the Act respecting contracting by public bodies (
chapter C-65.1
) or the Act respecting expropriation (
chapter E-25
); and
(
9
)
accept a gift or legacy of any property.
1994, c. 17, s. 12
;
2004, c. 24, s. 2
;
2006, c. 3, s. 25
;
2017, c. 4
2017, c. 4
,
s.
207
1
1
;
2020, c. 19
2020, c. 19
,
s.
3
1
;
2023, c. 27
2023, c. 27
,
s.
240
1
12
.
12.1
.
In the exercise of his functions under section 10.1, the Minister must give directives to the departments and public bodies concerning the methods they must apply in order, in particular, to calculate the quantity of greenhouse gas emitted, reduced, prevented or limited or the quantity removed from the atmosphere, to quantify other elements or factors that contribute to global warming and assess their effects as well as the effects of greenhouse gases on global warming, or to assess the risks related to the impacts of global warming and of climate change and integrate them into adaptation to those impacts, if such methods are not otherwise prescribed by law.
The Minister must also give them directives concerning the methods to be applied for the reporting associated with the implementation of the climate change framework policy.
Such directives are binding on the departments and public bodies concerned and must be made public.
2020, c. 19
2020, c. 19
,
s.
4
1
.
12.2
.
Without excluding the more specific powers granted for that purpose by other Acts under the Minister’s responsibility, the Minister may, by agreement approved by the Government, delegate the management of a program the Minister has prepared under this Act or another Act under the Minister’s responsibility to a municipality, another legal person, an Aboriginal community or any other body.
The management delegation agreement must include
(
1
)
the powers delegated and the delegatee’s obligations;
(
2
)
the objectives and targets to be achieved, including effectiveness and efficiency objectives and targets, and the information to be provided;
(
3
)
the rules relating to the contracts the delegatee may award;
(
4
)
the reports required on the achievement of the objectives and targets set;
(
5
)
the manner in which the Minister is to oversee the delegatee’s management and intervene if the objectives and targets are not achieved or seem likely not to be achieved;
(
6
)
the penalties applicable for failing to meet the obligations stipulated in the agreement; and
(
7
)
if the delegatee is a regional county municipality, the delegated powers that may be subdelegated to a local municipality whose territory is included in that of the regional county municipality, as well as the terms governing the subdelegation.
The exercise of powers by a delegatee or a subdelegatee under such an agreement is not binding on the State.
The Minister shall make the agreement public.
2020, c. 19
2020, c. 19
,
s.
4
1
.
13
.
The Minister has authority over the lands included in the waters in the domain of the State which, under any Act, order in council, title of ownership, order or notice, are not under the responsibility of another minister or a public body, in particular over those lands referred to in section 2 of the Watercourses Act (
chapter R-13
) and over those acquired by the Streams Commission, abolished in 1955. The Minister holds the rights and powers inherent in the right of ownership in respect of those lands.
The Minister holds the same rights and powers in respect of other lands in the domain of State over which he has authority under any Act, order in council, title of ownership, order or notice, excluding the power to alienate the lands.
In all cases, the Minister exercises his rights and powers in a manner consistent with the use of the lands concerned.
1994, c. 17, s. 13
;
1999, c. 40, s. 181
;
2000, c. 60, s. 1
;
2022, c. 8
2022, c. 8
,
s.
37
1
.
13.1
.
The Minister shall be responsible for the management of water as a natural resource.
2002, c. 74, s. 83
;
2017, c. 4, s. 208
;
2022, c. 8
2022, c. 8
,
s.
37
1
.
13.2
.
With respect to dams, the Minister shall
(
1
)
see to the application of rules relating to dam safety; and
(
2
)
exercise the rights and powers inherent in the right of ownership in respect of the dams of the State, which, under any Act, order in council, title of ownership, order or notice, are not under the responsibility of another Minister or public body.
2022, c. 8
2022, c. 8
,
s.
37
1
.
13.3
.
In addition to the powers mentioned in section 12, the Minister may, for the performance of the functions referred to in sections 13 to 13.2, conduct studies concerning the dangers of flooding, soil erosion and landslides. The Minister may also prepare and implement programs to prevent or lessen the damage caused by those phenomena.
2022, c. 8
2022, c. 8
,
s.
37
1
.
14
.
(Replaced).
1994, c. 17, s. 14
;
2002, c. 53, s. 19
;
2011, c. 20, s. 53
;
2022, c. 8
2022, c. 8
,
s.
37
1
.
15
.
The Minister shall table a report of the activities of the Ministère du Développement durable, de l’Environnement et des Parcs in the National Assembly for each fiscal year, within six months after the end of the year if the Assembly is in session or, if it is not sitting, within 30 days after resumption.
1994, c. 17, s. 15
;
1999, c. 36, s. 140
;
2006, c. 3, s. 35
.
DIVISION
II.0.1
ADVISORY COMMITTEE ON CLIMATE CHANGE
2020, c. 19
2020, c. 19
,
s.
5
1
.
15.0.1
.
An advisory committee on climate change, composed of not fewer than 9 nor more than 13 members, is established. The members must be independent, that is, they must have no relationships or interests that could interfere with the pursuit of the committee’s mission.
The committee acts with full independence in accordance with this division.
2020, c. 19
2020, c. 19
,
s.
5
1
.
15.0.2
.
The Government appoints the committee chair after consulting the chief scientist appointed under section 26 of the Act respecting the Ministère de l’Enseignement supérieur, de la Recherche, de la Science et de la Technologie (
chapter M-15.1.0.1
).
The Minister then appoints the other committee members he chooses from among the persons appearing on a list jointly established by the committee chair and the chief scientist.
The members must collectively have significant and multidisciplinary expertise and experience regarding the fight against climate change and the majority must be from the scientific community.
The Deputy Minister, or the latter’s delegate, attends the meetings of the committee as an observer.
2020, c. 19
2020, c. 19
,
s.
5
1
.
15.0.3
.
The mission of the committee is to advise the Minister, at the latter’s request or on its own initiative, on the policy directions, programs, policies and strategies regarding the fight against climate change, taking into consideration advances in science and technology as well as scientific consensus in this area.
The Minister may request a department or body to provide him, within the time he specifies, with any information or document necessary for the pursuit of the committee’s mission. The Minister then sends the information or document obtained to the committee.
2020, c. 19
2020, c. 19
,
s.
5
1
.
15.0.4
.
The committee makes its advice to the Minister public 30 days after sending it to the Minister.
2020, c. 19
2020, c. 19
,
s.
5
1
.
15.0.5
.
The committee members are appointed for a term of up to three years.
At the expiry of their term, they remain in office until reappointed or replaced.
2020, c. 19
2020, c. 19
,
s.
5
1
.
15.0.6
.
A vacancy on the committee is filled in accordance with the rules of appointment to the committee.
Loss of the status required or an unexplained absence from the number of consecutive meetings stipulated in the committee’s by-laws, in the cases and circumstances set out in the by-laws, constitutes a vacancy.
2020, c. 19
2020, c. 19
,
s.
5
1
.
15.0.7
.
The committee members receive no remuneration except in the cases, on the conditions and to the extent the Government may determine.
They are, however, entitled to be reimbursed for any expenses incurred in the performance of their duties, on the conditions and to the extent determined by the Government.
2020, c. 19
2020, c. 19
,
s.
5
1
.
15.0.8
.
The committee may make any by-law concerning the exercise of its functions and its internal management.
2020, c. 19
2020, c. 19
,
s.
5
1
.
15.0.9
.
The quorum at committee meetings is a majority of the voting members.
The committee’s advice and by-laws are adopted by a majority of the members present.
2020, c. 19
2020, c. 19
,
s.
5
1
.
15.0.10
.
The secretary and the other personnel members of the committee are appointed in accordance with the Public Service Act (
chapter F-3.1.1
).
2020, c. 19
2020, c. 19
,
s.
5
1
.
15.0.11
.
The resources the Minister considers necessary for the accomplishment of the committee’s mission, to ensure administrative support and the organization of its work, are made available to it.
2020, c. 19
2020, c. 19
,
s.
5
1
.
DIVISION
II.1
ELECTRIFICATION AND CLIMATE CHANGE FUND
2006, c. 3, s. 26
;
2020, c. 19
2020, c. 19
,
s.
6
1
.
15.1
.
The Electrification and Climate Change Fund is established.
The Fund is dedicated to the financing, in compliance with the principles, policy directions and objectives established in the climate change framework policy, of any measure to fight climate change, in particular by means of electrification, and of the Minister’s activities in this area. Controlling greenhouse gas emissions produced throughout Québec is one of its priorities.
The Fund is to be used, in particular, to finance activities, projects and programs aimed at stimulating technological and social innovation, research and development, knowledge acquisition, performance improvement, and public mobilization, awareness and education regarding the fight against climate change.
The sums credited to the Fund may also be used to administer and pay any financial assistance provided for by a program prepared by the Government or by the Minister, or by any other minister or public body who or that is a party to an agreement entered into under section 15.4.3 or has been entrusted with a mandate under that section.
2006, c. 3, s. 26
;
2017, c. 4
2017, c. 4
,
s.
209
1
;
2017, c. 14, s. 51
;
2020, c. 19
2020, c. 19
,
s.
7
1
.
15.2
.
The Minister is responsible for the management of the Fund, which he ensures with a view to sustainable development, efficiency and transparency.
To that end, the Minister gives priority to management centred on achieving the best results to ensure compliance with government principles, policy directions and objectives, in particular those set out in the climate change framework policy.
More specifically, the Minister
(
1
)
sees to it that the sums credited to the Fund are allocated to the purposes for which they are intended in accordance with section 15.1;
(
2
)
sees to it that the commitments made by the ministers and public bodies under the agreements referred to in section 15.4.3 and the mandates entrusted to them under that section are met;
(
3
)
prepares on a yearly basis, in collaboration with the Minister of Finance, a plan for the measures financed by the Fund, including in particular any transfers made under section 15.4.1, and an expenditures plan in that regard, in compliance with the government objectives established for that purpose;
(
4
)
makes any adjustments required to improve the Fund’s performance with respect to the uses to which it is specifically allocated; and
(
5
)
determines and makes public the performance indicators used to measure achievement of the results of the measures financed by the Fund.
2006, c. 3, s. 26
;
2017, c. 4
2017, c. 4
,
s.
210
1
;
2020, c. 19
2020, c. 19
,
s.
7
1
.
15.2.1
.
(Repealed)
.
2006, c. 14, s. 28
;
2007, c. 9, s. 7
.
15.3
.
(Repealed).
2006, c. 3, s. 26
;
2011, c. 18, s. 251
.
15.4
.
The following are credited to the Fund:
(
1
)
the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (
chapter A-6.001
);
(
2
)
the gifts, legacies and other contributions paid into the Fund to further the achievement of the objects of the Fund;
(
3
)
the sums transferred to the Fund by a minister out of the appropriations granted for that purpose by Parliament;
(
3.1
)
(paragraph repealed);
(
3.2
)
the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation for the fight against climate change, in accordance with section 21 of the Act respecting the Société du Plan Nord (
chapter S-16.011
);
(
4
)
the sums transferred to the Fund by the Government out of those credited to the general fund on a proposal of the Minister of Finance, including all or part of the revenue from taxes or other economic instruments intended to promote sustainable development that are identified by the Government;
(
5
)
the sums taken in at an auction or by a sale by mutual agreement under the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances (
chapter Q-2, r. 46.1
), and the fees prescribed by the Regulation respecting greenhouse gas emissions from motor vehicles (
chapter Q-2, r. 17
);
(
5.0.1
)
the monetary administrative penalties imposed under the Act respecting the environmental performance of buildings (
chapter P-9.02
) or the regulations made under that Act, the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere (
chapter Q-2, r. 15
), the Regulation respecting greenhouse gas emissions from motor vehicles or the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances;
(
5.0.2
)
the fines paid by offenders for an offence against the Act respecting energy efficiency and energy conservation standards for certain products (
chapter N-1.01
) or the regulations made under that Act, the Act respecting the environmental performance of buildings or the regulations made under that Act, the Regulation respecting mandatory reporting of certain emissions of contaminants into the atmosphere, the Regulation respecting greenhouse gas emissions from motor vehicles or the Regulation respecting a cap-and-trade system for greenhouse gas emission allowances;
(
5.1
)
(paragraph repealed);
(
6
)
the annual contribution collected from energy distributors under section 10.5;
(
7
)
(paragraph repealed);
(
8
)
(paragraph repealed);
(
8.1
)
any other sum provided for by law or by a government regulation;
(
9
)
the revenue generated by the sums credited to the Fund;
(
10
)
the interest charged on amounts owing under an Act or regulation under the Minister’s administration in connection with a matter covered by the Fund; and
(
11
)
the financial contributions paid by the federal government for the fight against climate change.
2006, c. 3, s. 26
;
2006, c. 14, s. 29
;
2006, c. 46, s. 26
;
2007, c. 9, s. 8
;
2011, c. 18, Sch. I, s. 15, s. 18
;
2011, c. 20, s. 54
;
2011, c. 18, Sch. I, s. 15
;
2011, c. 18, s. 252
;
2013, c. 16, s. 140
;
2013, c. 16, s. 167
;
2014, c. 16, s. 87
;
2017, c. 4
2017, c. 4
,
s.
211
1
1
;
2020, c. 19
2020, c. 19
,
s.
8
1
1
2020, c. 19
2020, c. 19
,
s.
8
1
2
2020, c. 19
2020, c. 19
,
s.
8
1
3
2020, c. 19
2020, c. 19
,
s.
8
1
4
2020, c. 19
2020, c. 19
,
s.
8
1
5
;
2024, c. 5
2024, c. 5
,
s.
23
1
1
.
15.4.1
.
The Government may, on the recommendation of the Minister of Finance and the minister responsible for the administration of this Act, determine a minimum share of the proceeds of the sale of the emission allowances referred to in the second paragraph of section 46.6 of the Environment Quality Act (
chapter Q-2
) to be reserved for the financing of measures applicable to transportation and more specifically to shared transportation and sustainable mobility.
The Government may also, on the recommendation of those ministers, determine the sums credited to the Fund that are to be allocated to public transit measures and to financial assistance programs that promote the development and use of public transit or the development and use of modes of passenger transportation other than passenger vehicles occupied by the driver only. The sums thus allocated are transferred by the Minister to the Land Transportation Network Fund established under paragraph 1 of section 12.30 of the Act respecting the Ministère des Transports (
chapter M-28
).
The sums referred to in the second paragraph of section 46.8.1 of the Environment Quality Act are excluded from the application of this section.
2013, c. 16, s. 168
;
2013, c. 16, s. 182
;
2013, c. 16, s. 168
;
2017, c. 4, s. 212
;
2020, c. 9, ss. 43 and 9
.
15.4.1.1
.
Despite the second paragraph of section 54 of the Financial Administration Act (
chapter A-6.001
), the Minister of Finance may not advance the sums referred to in the second paragraph of section 46.8.1 of the Environment Quality Act (
chapter Q-2
) to the general fund.
2017, c. 4
2017, c. 4
,
s.
213
1
;
2020, c. 19
2020, c. 19
,
s.
9
1
.
15.4.1.2
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
213
1
;
2020, c. 19
2020, c. 19
,
s.
9
1
.
15.4.2
.
A minister or a public body who or that is a party to an agreement entered into with the minister responsible for the administration of this Act under section 15.4.3 or has been entrusted with a mandate by the latter under the same section may, if applicable, debit the sums provided for in the agreement or the mandate from the Fund.
The expenditure and investment estimates on the basis of which each minister or public body may debit sums from the Fund must be clearly specified in the Fund estimates appearing in the special fund budget provided for in section 47 of the Financial Administration Act (
chapter A-6.001
).
Any such estimates must also appear in the estimates of each minister other than the Minister of Sustainable Development, Environment and Parks.
2013, c. 16, s. 168
;
2017, c. 4
2017, c. 4
,
s.
214
1
1
;
2016, c. 35
2016, c. 35
,
s.
1
1
;
2020, c. 19
2020, c. 19
,
s.
10
1
1
2020, c. 19
2020, c. 19
,
s.
10
1
2
.
15.4.3
.
When the activities of a department or public body allow the implementation of measures that may be financed by the Fund in accordance with section 15.1, the minister responsible for the administration of this Act may enter into an agreement with the minister responsible for that department or with that public body to allow it to debit the sums required for those measures from the Fund.
The minister responsible for the administration of this Act may also entrust a minister or a public body with a mandate to implement, as specified in the mandate, measures to fight climate change in an area under the latter minister’s or the public body’s responsibility. The minister may also, within the framework of such a mandate, allow the other minister or the public body to debit the sums required for such measures from the Fund.
Every agreement and mandate must be made public and specify the amount that may be debited from the Fund for the fiscal years during which it will be applicable. An agreement must also specify the measures that may be financed using those sums as well as how the sums are to be distributed among the measures, or leave it up to the Minister or the public body who or that is a party to the agreement to distribute the financing among those measures in the manner that is the most efficient and is consistent with the climate change framework policy. The administrative costs that may be debited from the Fund under such an agreement or mandate must be approved by the minister responsible for the administration of this Act.
The minister or public body concerned is responsible for implementing the measures for which he or it debits sums from the Fund as well as for achieving the objectives set regarding the fight against climate change.
2013, c. 16, s. 168
;
2017, c. 4
2017, c. 4
,
s.
215
1
;
2016, c. 35, s. 1
;
2020, c. 19
2020, c. 19
,
s.
11
1
.
DIVISION
II.2
(Heading replaced, 2020, c. 19, s. 12.)
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
§
1
. —
(Heading replaced, 2020, c. 19, s. 12.)
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.4
.
The Fund’s financial data and a list of the measures financed by it must appear under a separate heading in the department’s annual management report.
The financial data under the heading must include
(
1
)
the expenditures and investments debited from the Fund;
(
2
)
the sums debited from the Fund by each minister or public body who or that is a party to an agreement referred to in section 15.4.3 or has been entrusted with a mandate under that section; and
(
3
)
the nature and evolution of revenues.
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.5
.
The Fund’s financial statements are audited each year by the Auditor General.
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.6
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
§
2
. —
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.7
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2017, c. 14, s. 51
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.8
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
§
3
. —
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.9
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.10
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.11
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.12
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.13
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.14
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.15
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.16
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.17
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.18
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.19
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.20
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.21
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.22
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.23
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.24
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.25
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
§
4
. —
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.26
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.27
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.28
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
§
5
. —
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.29
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.30
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.31
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.32
.
(Repealed).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
;
2020, c. 5
2020, c. 5
,
s.
132
1
.
§
6
. —
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.33
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.34
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.35
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.36
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
15.4.37
.
(Replaced).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
12
1
.
DIVISION
II.3
FUND FOR THE PROTECTION OF THE ENVIRONMENT AND THE WATERS IN THE DOMAIN OF THE STATE
2017, c. 4
2017, c. 4
,
s.
216
1
.
15.4.38
.
The Fund for the Protection of the Environment and the Waters in the Domain of the State is established.
The Fund is dedicated to the financing of any measure the Minister may carry out within the scope of his functions and for which no other fund under the Minister’s responsibility provides financing or has funds available, in particular as regards
(
1
)
control and assessment carried out under any Act or regulation under the Minister’s administration;
(
2
)
regulation of activities by an Act or regulation under the Minister’s administration through, among other things, the implementation of an authorization scheme, in particular with regard to water resources, pesticides, hazardous materials, industrial establishments and dams;
(
3
)
conservation of wetlands and bodies of water;
(
4
)
conservation of the natural heritage;
(
5
)
management of the waters in the domain of the State and of public dams;
(
6
)
accreditation and certification of persons and groups of persons; and
(
7
)
residual materials management, to ensure safe and sustainable management of residual materials by preventing or reducing their production, promoting their recovery and reclamation, and reducing the quantities to be eliminated;
(
8
)
(subparagraph repealed).
The Fund is to be used, in particular, to finance activities, projects and programs aimed at stimulating technical and social innovation, research and development, knowledge acquisition, performance improvement and public mobilization, awareness and education with regard to any matter mentioned in the second paragraph.
The Fund is intended, in particular, to provide financial support to municipalities and to non-profit bodies working in the environmental field.
2017, c. 4
2017, c. 4
,
s.
216
1
;
2020, c. 19
2020, c. 19
,
s.
13
1
1
2020, c. 19
2020, c. 19
,
s.
13
1
2
a
2020, c. 19
2020, c. 19
,
s.
13
1
2
b
;
2023, c. 17
2023, c. 17
,
s.
1
1
1
.
15.4.39
.
The Minister is responsible for managing the Fund.
Within the scope of that management, the Minister sees to it that the sums credited to the Fund for the matters referred to in the second paragraph of section 15.4.38 are allocated to measures that relate to those matters.
2017, c. 4
2017, c. 4
,
s.
216
1
.
15.4.40
.
The following are credited to the Fund:
(
1
)
the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (
chapter A-6.001
);
(
2
)
the gifts, legacies and other contributions paid into the Fund to further the achievement of its objects;
(
3
)
the sums transferred to the Fund by a minister out of the appropriations granted for that purpose by Parliament;
(
4
)
the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation for any of the matters covered by the Fund, in accordance with section 21 of the Act respecting the Société du Plan Nord (
chapter S-16.011
);
(
5
)
the sums transferred to the Fund by the Government out of those credited to the general fund on a proposal of the Minister of Finance, including all or part of the revenue from taxes or other economic instruments intended to promote sustainable development, identified by the Government;
(
6
)
damages, including punitive damages, paid following a civil suit instituted on behalf of the Minister, in particular compensation obtained as a result of an action brought under the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (
chapter C-6.2
);
(
7
)
the sums collected for the management and conservation of the natural heritage under the Natural Heritage Conservation Act (
chapter C-61.01
);
(
8
)
the sums collected under the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (
chapter M-11.6
) and the regulations made under that Act;
(
9
)
the sums collected under the Pesticides Act (
chapter P-9.3
), in particular those collected as regulatory fees, duties or charges under a regulation made under that Act;
(
10
)
the sums collected under the Environment Quality Act (
chapter Q-2
) or the regulations, in particular those collected as regulatory fees, duties or charges, to the extent that they are not required to be paid into the Electrification and Climate Change Fund or into the Blue Fund;
(
11
)
the sums collected in connection with a concession of rights in the domain of the State and under the Minister’s authority, in particular those collected under the Watercourses Act (
chapter R-13
);
(
11.1
)
(subparagraph replaced);
(
11.2
)
(subparagraph replaced);
(
12
)
the sums collected under the Dam Safety Act (
chapter S-3.1.01
), in particular those collected as regulatory fees, duties or charges under a regulation made under that Act;
(
13
)
the revenue generated by the management, operation and use of public dams by third persons;
(
14
)
unless otherwise provided by this Act or by a regulation of the Government or a regulation of the Minister, the monetary administrative penalties imposed under an Act or regulation under the Minister’s administration;
(
15
)
unless otherwise provided by this Act or by a regulation of the Government or a regulation of the Minister, the fines paid by offenders for an offence against a provision of an Act or regulation under the Minister’s administration;
(
16
)
the costs or other sums collected by the Minister to compensate his expenditures or the costs incurred for the measures the Minister is authorized to take within the scope of his functions to protect or restore the environment;
(
17
)
(subparagraph replaced);
(
18
)
the proceeds of the alienation of property acquired by the State following a civil forfeiture or administrative forfeiture and of property forfeited under the Criminal Code (R.S.C. 1985, c. C-46) or the Controlled Drugs and Substances Act (S.C. 1996, c. 19), where the Ministère du Développement durable, de l’Environnement et des Parcs participated in the operations that led to the forfeiture;
(
19
)
any other sum provided for by law or a regulation of the Government or a regulation of the Minister;
(
20
)
the revenue generated by the investment of the sums credited to the Fund;
(
21
)
the interest on an amount owing under an Act or regulation under the administration of the Minister; and
(
22
)
the financial contributions paid by the federal government for any matter covered by the Fund.
The surpluses accumulated by the Fund are paid into the general fund on the dates and to the extent determined by the Government.
2017, c. 4, s. 216
;
2017, c. 14, ss. 48 and 51
;
2020, c. 19
2020, c. 19
,
s.
14
1
1
2020, c. 19
2020, c. 19
,
s.
14
1
2
2020, c. 19
2020, c. 19
,
s.
14
1
3
2020, c. 19
2020, c. 19
,
s.
14
1
4
;
2022, c. 8
2022, c. 8
,
s.
38
1
1
;
2023, c. 17
2023, c. 17
,
s.
2
1
;
2024, c. 7
2024, c. 7
,
s.
30
1
.
15.4.41
.
(Repealed).
2017, c. 4
2017, c. 4
,
s.
216
1
;
2017, c. 14, s. 51
;
2022, c. 8
2022, c. 8
,
s.
39
1
;
2023, c. 17
2023, c. 17
,
s.
3
1
.
15.4.41.1
.
The financial contributions collected as compensation for adverse effects on wetlands and bodies of water under the Environment Quality Act (
chapter Q-2
) are allocated to the financing of projects eligible for a wetlands and bodies of water restoration and creation program developed under the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (
chapter C-6.2
).
When such contributions come from projects carried out in the territory of a regional county municipality, priority must be given, when allocating the contributions, to projects carried out in the territory of the regional county municipality or in the territory of the watershed all or part of which is included in the municipality’s territory.
2017, c. 14
2017, c. 14
,
s.
49
1
;
2022, c. 8
2022, c. 8
,
s.
40
1
.
15.4.41.2
.
The sums derived from charges prescribed by the Regulation respecting the charges payable for the disposal of residual materials (
chapter Q-2, r. 43
) are allocated to the financing of any measure related to residual materials management.
2020, c. 19
2020, c. 19
,
s.
15
1
;
2022, c. 8
2022, c. 8
,
s.
41
1
.
15.4.41.3
.
(Repealed).
2020, c. 19
2020, c. 19
,
s.
15
1
;
2022, c. 8
2022, c. 8
,
s.
42
1
.
15.4.41.4
.
The sums collected with regard to contaminated soil under the Environment Quality Act (
chapter Q-2
) and the regulations made under that Act, in particular those collected as regulatory fees, duties or charges, are allocated to the financing of any measure related to the management of such soil.
2022, c. 8
2022, c. 8
,
s.
43
1
.
15.4.41.5
.
The sums collected under the Pesticides Act (
chapter P-9.3
) are allocated to the financing of programs fostering a decrease in and the rationalization of the use of pesticides.
2022, c. 8
2022, c. 8
,
s.
43
1
.
15.4.42
.
The Fund’s financial data must appear under a separate heading in the department’s annual management report.
The data under the heading must include
(
1
)
the expenditures and investments debited from the Fund by class of measures to which the Fund is dedicated and, concerning the financing of work to restore and create wetlands and bodies of water, the territory of any regional county municipality and that of any watershed concerned by the measure; and
(
2
)
the nature and evolution of revenues.
2017, c. 4
2017, c. 4
,
s.
216
1
;
2017, c. 14
2017, c. 14
,
s.
50
1
.
15.4.43
.
The Fund’s financial statements are audited each year by the Auditor General.
2017, c. 4
2017, c. 4
,
s.
216
1
.
DIVISION
II.4
BLUE FUND
2023, c. 17
2023, c. 17
,
s.
4
1
.
15.4.44
.
The Blue Fund is established.
The Fund is dedicated to the financing of any measure the Minister may carry out in relation to the protection, restoration, development and management of water, in particular as regards
(
1
)
the sustainable, equitable and efficient use of water resources;
(
2
)
flood prevention and control;
(
3
)
the conservation of aquatic ecosystems; and
(
4
)
water governance that complies with the governance scheme established by the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (
chapter C-6.2
).
The Fund is to be used, in particular, to finance activities, projects and programs aimed at stimulating technological and social innovation, research and development, knowledge acquisition, performance improvement and public mobilization, awareness and education with regard to any matter mentioned in the second paragraph.
The Fund is intended, in particular, to provide financial support to municipalities and to non-profit bodies working for the protection, restoration, development and management of water.
2023, c. 17
2023, c. 17
,
s.
4
1
.
15.4.45
.
The Minister is responsible for the management of the Fund, which he ensures with a view to sustainable development, efficiency and transparency and taking into account the need to adapt to the effects of climate change.
To that end, the Minister gives priority to management centred on achieving the best results to ensure compliance with government principles, policy directions and objectives related to the matters referred to in the second paragraph of section 15.4.44.
2023, c. 17
2023, c. 17
,
s.
4
1
.
15.4.46
.
The following are credited to the Fund:
(
1
)
the sums transferred to the Fund by the Minister of Finance under sections 53 and 54 of the Financial Administration Act (
chapter A-6.001
);
(
2
)
the gifts, legacies and other contributions paid into the Fund to further the achievement of its objects;
(
3
)
the sums transferred to the Fund by a minister out of the appropriations granted for that purpose by Parliament;
(
4
)
the sums paid into the Fund by the Société du Plan Nord under an agreement providing for their allocation for any of the matters covered by the Fund, in accordance with section 21 of the Act respecting the Société du Plan Nord (
chapter S-16.011
);
(
5
)
the sums transferred to the Fund by the Government out of those credited to the general fund on a proposal of the Minister of Finance, including all or part of the revenue from taxes or other economic instruments related to the protection, restoration, development and management of water, identified by the Government;
(
6
)
the sums with regard to fees, duties or charges related to the use or management of water, in particular the sums derived from the charges prescribed by the Regulation respecting the charges payable for the use of water (
chapter Q-2, r. 42.1
);
(
7
)
any other sum provided for by law or a regulation of the Government or a regulation of the Minister;
(
8
)
the revenue generated by the sums credited to the Fund;
(
9
)
the interest charged on amounts owing under an Act or regulation under the Minister’s administration and referred to in this section; and
(
10
)
the financial contributions paid by the federal government for any of the matters covered by the Fund.
2023, c. 17
2023, c. 17
,
s.
4
1
.
15.4.46.1
.
A minister or a public body who or that is a party to an agreement entered into with the minister responsible for the administration of this Act under section 15.4.46.2 or has been entrusted with a mandate by the latter under the same section may, if applicable, debit the sums provided for in the agreement or the mandate from the Fund.
The estimates of the expenditures and investments for which each minister or public body may debit sums from the Fund must be clearly specified in the Fund estimates appearing in the special fund budget provided for in section 47 of the Financial Administration Act (
chapter A-6.001
).
Any such estimates must also appear in the estimates of each minister other than the Minister of Sustainable Development, Environment and Parks.
2023, c. 17
2023, c. 17
,
s.
4
1
.
15.4.46.2
.
When the activities of a department or public body allow the implementation of measures that may be financed by the Fund in accordance with section 15.4.44, the minister responsible for the administration of this Act may enter into an agreement with the minister responsible for that department or with that public body to allow it to debit the sums required for those measures from the Fund.
The minister responsible for the administration of this Act may also entrust a minister or a public body with a mandate to implement, as specified in the mandate, measures relating to the protection, restoration, development and management of water in an area under the latter minister’s or the public body’s responsibility. The minister may also, within the framework of such a mandate, allow the other minister or the public body to debit the sums required for such measures from the Fund.
Every agreement and mandate must be made public and specify the amount that may be debited from the Fund for the fiscal years during which the agreement or mandate will be applicable. An agreement must also specify the measures that may be financed using those sums as well as how the sums are to be distributed among the measures, or leave it up to the minister or the public body who or that is a party to the agreement to distribute the financing among those measures in the manner that is the most efficient. The administrative costs that may be debited from the Fund under such an agreement or mandate must be approved by the minister responsible for the administration of this Act.
The minister or public body concerned is responsible for implementing the measures for which he or it debits sums from the Fund as well as for achieving the objectives set regarding the protection, restoration, development and management of water.
2023, c. 17
2023, c. 17
,
s.
4
1
.
15.4.47
.
The Fund’s financial data and a list of the measures financed by it must appear under a separate heading in the department’s annual management report.
The financial data under the heading must include
(
1
)
the expenditures and investments debited from the Fund by class of measures to which the Fund is dedicated;
(
2
)
the sums debited from the Fund by each minister or public body who or that is a party to an agreement referred to in section 15.4.46.2 or has been entrusted with a mandate under that section; and
(
3
)
the nature and evolution of revenues.
2023, c. 17
2023, c. 17
,
s.
4
1
.
15.4.48
.
The Fund’s financial statements are audited each year by the Auditor General.
2023, c. 17
2023, c. 17
,
s.
4
1
.
15.5
.
(Repealed).
2006, c. 3, s. 26
;
2011, c. 18, s. 253
.
15.6
.
(Repealed).
2006, c. 3, s. 26
;
2011, c. 18, s. 253
.
15.7
.
(Repealed).
2006, c. 3, s. 26
;
2011, c. 18, s. 253
.
15.8
.
(Repealed).
2006, c. 3, s. 26
;
2011, c. 18, s. 253
.
15.9
.
(Repealed).
2006, c. 3, s. 26
;
2011, c. 18, s. 253
.
15.10
.
(Repealed).
2006, c. 3, s. 26
;
2011, c. 18, s. 253
.
15.11
.
(Repealed).
2006, c. 3, s. 26
;
2011, c. 18, s. 253
.
DIVISION
III
AMENDING PROVISIONS
16
.
(Omitted).
1994, c. 17, s. 16
.
CITIES AND TOWNS ACT
17
.
(Amendment integrated into c. C-19, s. 412).
1994, c. 17, s. 17
.
18
.
(Amendment integrated into c. C-19, s. 573.5).
1994, c. 17, s. 18
.
19
.
(Amendment integrated into c. C-19, s. 573.7).
1994, c. 17, s. 19
.
20
.
(Amendment integrated into c. C-19, s. 573.8).
1994, c. 17, s. 20
.
MUNICIPAL CODE OF QUÉBEC
21
.
(Amendment integrated into c. C-27.1, a. 555).
1994, c. 17, s. 21
.
22
.
(Amendment integrated into c. C-27.1, a. 939).
1994, c. 17, s. 22
.
23
.
(Amendment integrated into c. C-27.1, a. 941).
1994, c. 17, s. 23
.
24
.
(Amendment integrated into c. C-27.1, a. 942).
1994, c. 17, s. 24
.
ACT RESPECTING THE COMMUNAUTÉ URBAINE DE L’OUTAOUAIS
25
.
(Amendment integrated into c. C-37.1, s. 83.3).
1994, c. 17, s. 25
.
26
.
(Amendment integrated into c. C-37.1, s. 83.5).
1994, c. 17, s. 26
.
27
.
(Amendment integrated into c. C-37.1, s. 83.6).
1994, c. 17, s. 27
.
28
.
(Amendment integrated into c. C-37.1, ss. 113, 114, 118, 126).
1994, c. 17, s. 28
.
29
.
(Amendment integrated into c. C-37.1, s. 144).
1994, c. 17, s. 29
.
ACT RESPECTING THE COMMUNAUTÉ URBAINE DE MONTRÉAL
30
.
(Amendment integrated into c. C-37.2, s. 120.1).
1994, c. 17, s. 30
.
31
.
(Amendment integrated into c. C-37.2, s. 120.3).
1994, c. 17, s. 31
.
32
.
(Amendment integrated into c. C-37.2, s. 120.4).
1994, c. 17, s. 32
.
33
.
(Amendment integrated into c. C-37.2, ss. 133, 141 to 144, 151.0.1, 151.2, 151.2.1).
1994, c. 17, s. 33
.
34
.
(Amendment integrated into c. C-37.2, s. 223).
1994, c. 17, s. 34
.
ACT RESPECTING THE COMMUNAUTÉ URBAINE DE QUÉBEC
35
.
(Amendment integrated into c. C-37.3, s. 92.1).
1994, c. 17, s. 35
.
36
.
(Amendment integrated into c. C-37.3, s. 92.3).
1994, c. 17, s. 36
.
37
.
(Amendment integrated into c. C-37.3, s. 92.4).
1994, c. 17, s. 37
.
38
.
(Amendment integrated into c. C-37.3, ss. 126 to 128, 130, 136, 136.2, 136.3).
1994, c. 17, s. 38
.
39
.
(Amendment integrated into c. C-37.3, s. 158).
1994, c. 17, s. 39
.
ACT RESPECTING THE CONSERVATION AND DEVELOPMENT OF WILDLIFE
40
.
(Amendment integrated into c. C-61.1, s. 2).
1994, c. 17, s. 40
.
41
.
(Amendment integrated into c. C-61.1, s. 4).
1994, c. 17, s. 41
.
42
.
(Amendment integrated into c. C-61.1, s. 128.2).
1994, c. 17, s. 42
.
43
.
(Amendment integrated into c. C-61.1, s. 128.9).
1994, c. 17, s. 43
.
44
.
(Amendment integrated into c. C-61.1, s. 188).
1994, c. 17, s. 44
.
45
.
(Amendment integrated into c. C-61.1, s. 192).
1994, c. 17, s. 45
.
ACT RESPECTING THREATENED OR VULNERABLE SPECIES
46
.
(Amendment integrated into c. E-12.01, s. 6).
1994, c. 17, s. 46
.
47
.
(Amendment integrated into c. E-12.01, s. 7).
1994, c. 17, s. 47
.
48
.
(Amendment integrated into c. E-12.01, s. 8).
1994, c. 17, s. 48
.
49
.
(Amendment integrated into c. E-12.01, s. 9).
1994, c. 17, s. 49
.
50
.
(Amendment integrated into c. E-12.01, s. 10).
1994, c. 17, s. 50
.
51
.
(Amendment integrated into c. E-12.01, s. 11).
1994, c. 17, s. 51
.
52
.
(Amendment integrated into c. E-12.01, s. 12).
1994, c. 17, s. 52
.
53
.
(Amendment integrated into c. E-12.01, ss. 13 to 19, 23, 25, 26, 28, 29, 33, 39, 41, 47).
1994, c. 17, s. 53
.
54
.
(Amendment integrated into c. E-12.01, s. 57).
1994, c. 17, s. 54
.
EXECUTIVE POWER ACT
55
.
(Amendment integrated into c. E-18, s. 4).
1994, c. 17, s. 55
.
ACT RESPECTING THE MINISTÈRE DES AFFAIRES MUNICIPALES
56
.
(Amendment integrated into c. M-22.1, s. 7.1).
1994, c. 17, s. 56
.
GOVERNMENT DEPARTMENTS ACT
57
.
(Amendment integrated into c. M-34, s. 1).
1994, c. 17, s. 57
.
ENVIRONMENT QUALITY ACT
58
.
(Amendment integrated into c. Q-2, s. 1).
1994, c. 17, s. 58
.
59
.
(Amendment integrated into c. Q-2, s. 2).
1994, c. 17, s. 59
.
60
.
(Amendment integrated into c. Q-2, ss. 116.1, 118.4).
1994, c. 17, s. 60
.
WATERCOURSES ACT
61
.
(Amendment integrated into c. R-13, ss. 1, 2).
1994, c. 17, s. 61
.
62
.
(Amendment integrated into c. R-13, s. 2.2).
1994, c. 17, s. 62
.
63
.
(Amendment integrated into c. R-13, ss. 7, 8, 23, 24, 34, 35, 40, 41, 58, 59, 65, 73, 74, 81, 84, forms 1 to 3).
1994, c. 17, s. 63
.
ACT RESPECTING SAFETY IN SPORTS
64
.
(Amendment integrated into c. S-3.1, s. 17).
1994, c. 17, s. 64
.
65
.
(Amendment integrated into c. S-3.1, s. 73).
1994, c. 17, s. 65
.
ACT RESPECTING THE SOCIÉTÉ QUÉBÉCOISE D’ASSAINISSEMENT DES EAUX
66
.
(Amendment integrated into c. S-18.2.1, s. 21).
1994, c. 17, s. 66
.
67
.
(Amendment integrated into c. S-18.2.1, s. 27).
1994, c. 17, s. 67
.
68
.
(Amendment integrated into c. S-18.2.1, s. 27.1).
1994, c. 17, s. 68
.
69
.
(Amendment integrated into c. S-18.2.1, s. 37).
1994, c. 17, s. 69
.
70
.
(Amendment integrated into c. S-18.2.1, s. 38).
1994, c. 17, s. 70
.
71
.
(Amendment integrated into c. S-18.2.1, s. 46).
1994, c. 17, s. 71
.
ECOLOGICAL RESERVES ACT
72
.
(Amendment integrated into c. R-26.1, s. 2).
1994, c. 17, s. 72
.
73
.
(Amendment integrated into c. R-26.1, s. 4).
1994, c. 17, s. 73
.
74
.
(Amendment integrated into c. R-26.1, ss. 6, 23).
1994, c. 17, s. 74
.
75
.
The words “Minister of the Environment”, “Ministère de l’Environnement” and “Deputy Minister of the Environment” are replaced respectively by the words “Minister of the Environment and Wildlife”, “Ministère de l’Environnement et de la Faune” and “Deputy Minister of the Environment and Wildlife”, wherever they appear in
(
1
)
(amendment integrated into c. A-19.1, ss. 165.2, 227.1);
(
2
)
(amendment integrated into c. C-56.1, ss. 3, 12, 28);
(
3
)
(amendment integrated into c. H-5, s. 32);
(
4
)
(amendment integrated into c. I-1, s. 18.2);
(
5
)
(amendment integrated into c. M-13.1, ss. 122, 156, 164, 206, 232.5, 232.11);
(
6
)
(amendment integrated into c. P-9.2, ss. 3, 4, 6);
(
7
)
(amendment integrated into c. P-9.3, ss. 8, 128, 132);
(
8
)
(amendment integrated into c. P-37, s. 1);
(
9
)
(amendment integrated into c. P-38.01, ss. 10, 36);
(
10
)
(amendment integrated into c. P-43, s. 1);
(
11
)
(amendment integrated into c. V-5.1, s. 21);
(
12
)
(amendment integrated into c. V-6.1, s. 20);
(
13
)
(amendment integrated into c. E-13.1, ss. 2, 5, 7).
1994, c. 17, s. 75
.
76
.
The words “Minister of Recreation, Fish and Game”, “Ministère du Loisir, de la Chasse et de la Pêche” and “Deputy Minister of Recreation, Fish and Game” are replaced respectively by the words “Minister of the Environment and Wildlife”, “Ministère de l’Environnement et de la Faune” and “Deputy Minister of the Environment and Wildlife”, wherever they appear in
(
1
)
(amendment integrated into c. A-29, s. 65);
(
2
)
(amendment integrated into c. D-13.1, s. 1);
(
3
)
(amendment integrated into c. E-20.1, s. 7);
(
4
)
(amendment integrated into c. F-4.1, s. 28.2);
(
5
)
(amendment integrated into c. P-7, s. 1);
(
6
)
(amendment integrated into c. P-8, ss. 1, 3, 5);
(
7
)
(amendment integrated into c. P-9, s. 1);
(
8
)
(amendment integrated into c. P-30.2, ss. 7, 19).
1994, c. 17, s. 76
.
FINAL PROVISIONS
77
.
Unless the context indicates otherwise, in any other Act and in any regulation, by-law, order in council, ministerial order, proclamation, order, contract, agreement, accord or other document,
(
1
)
a reference to the Minister or Deputy Minister of the Environment or the Ministère de l’Environnement or to the Minister or Deputy Minister of Recreation, Fish and Game or the Ministère du Loisir, de la Chasse et de la Pêche is, according to the matter concerned, a reference to the Minister or Deputy Minister of the Environment and Wildlife or the Ministère de l’Environnement et de la Faune or to the Minister or Deputy Minister of Municipal Affairs or the Ministère des Affaires municipales;
(
2
)
a reference to the Act respecting the Ministère de l’Environnement (
chapter M-15.2
), the Act respecting the Ministère du Loisir, de la Chasse et de la Pêche (
chapter M-30.1
) or any provision thereof is, according to the matter concerned, a reference to this Act, the Act respecting the Ministère des Affaires municipales (
chapter M-22.1
) or the corresponding provision of either Act.
1994, c. 17, s. 77
.
78
.
(Omitted).
1994, c. 17, s. 78
.
REPEAL SCHEDULE
In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter M-15.2.1 of the Revised Statutes, in force on 1 January 2007, is repealed effective from the coming into force of chapter M-30.001 of the Revised Statutes.
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