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M-30.001 - Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs

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chapter M-30.001

Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs

SUSTAINABLE DEVELOPMENT, ENVIRONMENT AND PARKS04April 19 200604April 19 2006

The Ministère du Développement durable, de l’Environnement et des Parcs is designated under the name of Ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques. Order in Council 374-2014 dated 24 April 2014, (2014) 146 G.O. 2 (French), 1878.

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.

DIVISION II

FUNCTIONS AND POWERS

10. The Minister is responsible for the protection of the environment.

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.

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 aquatic reserves, biodiversity reserves, ecological reserves and man-made landscapes;

(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 shall be responsible for the implementation and coordination of these policies.

1994, c. 17, s. 11; 1999, c. 36, s. 139; 2002, c. 74, s. 82.

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) carry out or commission research, inventories, studies and analyses;

(4) obtain from government departments and public 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.

1994, c. 17, s. 12; 2004, c. 24, s. 2; 2006, c. 3, s. 25.

13. The Minister shall have authority over the waters in the domain of the State and shall be responsible for the management of water as a natural resource.

For these purposes, the Minister may carry out or commission studies concerning the dangers of flooding, soil erosion and landslides and implement long-term programs to prevent or lessen the damage caused by those phenomena.

1994, c. 17, s. 13; 1999, c. 40, s. 181; 2000, c. 60, s. 1.

13.1. The Minister shall exercise in respect of the lands in the domain of the State under the Minister’s authority the rights and powers inherent in the right of ownership, excluding any alienation, transfer or exchange of property. The exercise by the Minister of those rights and powers must be compatible with the use of the land under the Minister’s authority or on which the property is situated.

In respect of such land, the Minister may, in particular, authorize or carry out such maintenance, development and construction work as is advisable to maintain or improve its quality.

The Minister may also take any necessary measures to remedy or mitigate any damage sustained by the natural environment on such lands and may claim the costs incurred from the person responsible in the same manner as any debt due to the Government.

The lands in the domain of the State referred to in section 2 of the Watercourses Act (chapter R-13) are excluded from the lands to which the first paragraph applies.

2002, c. 74, s. 83.

14. Any person authorized by the Minister may, in the performance of his duties, enter on land in the private domain. If so required, the person must produce identification and a certificate of authorization signed by the Minister.

The person who, as owner or lessee or in any other capacity, has the custody of the land shall give free access to the land at any reasonable time to the person referred to in the first paragraph, in particular for the purpose of carrying out the research, inventories, studies or analyses required to assess the location, quantity, quality or vulnerability of groundwater present in the land, subject, however, to that person restoring the premises to their former state and compensating the owner or custodian of the land, as the case may be, for any damage.

Whoever contravenes the provisions of the second paragraph or hinders an authorized person in the exercise of the person’s duties, is liable to a fine of not less than $500 and not more than $5,000. The fine is doubled in the case of a subsequent offence.

1994, c. 17, s. 14; 2002, c. 53, s. 19; 2011, c. 20, s. 53.

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.1

GREEN FUND

2006, c. 3, s. 26.

15.1. A Green Fund is established.

The Fund is dedicated to the financing of measures or programs that the Minister may carry out within the scope of ministerial functions.

The Fund is intended, among other purposes, to support measures promoting sustainable development, especially in its environmental aspects, and make it possible for the Minister to grant financial assistance, within the framework of the law, in particular to municipalities and non-profit organizations working in the environmental field.

2006, c. 3, s. 26.

15.2. In managing the Fund, the Minister sees to it that the revenue derived from fees related to the use, management or purification of water provided for in section 31 of the Environment Quality Act (chapter Q‐2) are allocated to the funding of measures the Minister may take to ensure water governance, including measures to protect and develop water resources and measures to ensure that there is an adequate quality and quantity of water in a sustainable development perspective.

2006, c. 3, s. 26.

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 transferred to the Fund by the Minister of Finance in accordance with section 6 of the Act to establish the Northern Development Fund (chapter F-3.2.1.1.1);

(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 revenue derived from fees or other amounts collected under the Acts or regulations under the administration of the Minister, including revenue from economic instruments for the purpose of achieving environmental objectives prescribed under paragraph e.1 of section 31 of the Environment Quality Act (chapter Q-2), except revenue specifically allocated, in accordance with the applicable Act or regulation, as in the case provided for in the third paragraph of section 31 of the Environment Quality Act, or in the case of a specified purpose account or a net voted appropriation;

(5.1) the monetary administrative penalties imposed under subdivision 3 of Division XIII of Chapter I of the Environment Quality Act;

(6) the fines paid by offenders for an offence against a provision of an Act or regulation under the administration of the Minister;

(7) the fees or other amounts collected by the Minister to compensate expenditure or costs incurred for the measures the Minister is authorized to take, within the scope of ministerial functions, to protect or restore the environment, such as the costs and other amounts referred to in sections 113, 114.3, 115, 115.0.1, 115.1, 116.1 and 116.1.1 of the Environment Quality Act;

(8) damages, including punitive damages, paid following a civil suit instituted on behalf of the Minister;

(8.1) any other sum provided for by law;

(9) the income generated by the investment of the sums credited to the Fund.

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.

15.4.1. Two-thirds of the sums credited to the Fund under paragraph 5 of section 15.4 that correspond to the proceeds of the sale by the Minister of emission allowances within the meaning of the second paragraph of section 46.6 of the Environment Quality Act (chapter Q-2) are reserved for the measures applicable to transportation.

The Government, on the recommendation of the Minister of Finance, determines which of the sums thus reserved are 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 transport 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 this section must be used solely for the purposes set out in section 46.16 of the Environment Quality Act.

2013, c. 16, s. 168; 2013, c. 16, s. 182; 2013, c. 16, s. 168.

15.4.2. A minister who is party to an agreement with the Minister of Sustainable Development, Environment and Parks under section 15.4.3 may debit the sums provided for in the agreement from the Fund.

The expenditure and investment estimates on the basis of which each minister 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).

Those 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.

15.4.3. When a department’s activities include the implementation of measures targeted by the multi-year climate change action plan, the Minister of Sustainable Development, Environment and Parks may conclude an agreement with the minister responsible for the department concerned allowing the latter to debit the sums required for those activities from the Fund.

The agreement must specify how the sums will be used and the amount that may be debited from the Fund for the fiscal years covered by the agreement.

The minister concerned continues to be responsible for the activities for which sums are debited from the Fund.

2013, c. 16, s. 168.

15.5. (Repealed).