P-18.1 - Water Resources Preservation Act

Updated to 6 January 2003

This document has official status.

chapter P-18.1

Water Resources Preservation Act

WHEREAS Québec’s water resources are essential to the economic, social and environmental well-being of Québec; and whereas it is necessary to provide for the sustainable use of water resources;

WHEREAS public hearings on the management of water in Québec have been held and new rules may be developed to address the problems identified and the concerns expressed by the population, in keeping with the principles of sustainable development;

WHEREAS it is expedient to act expeditiously to prevent any adverse effects on the environment that may arise from the transfer outside Québec of surface water or groundwater taken in Québec;

THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:

2001, c. 48, s. 1.

1. This Act applies to surface water and groundwater.

1999, c. 63, s. 1.

2. From 21 October 1999, no water taken in Québec may be transferred outside Québec.

Such prohibition does not apply, however, to water taken

(1)  to produce electric power;

(2)  to be marketed as water intended for human consumption, insofar as the water is packaged in Québec in containers of 20 litres capacity or less;

(3)  to supply potable water to establishments or dwellings situated in a bordering zone;

(4)  to supply vehicles, including vessels and aircraft, whether for the needs of the persons or animals being transported or for ballast or other needs related to the operation of the vehicles.

1999, c. 63, s. 2; 2001, c. 48, s. 2.

3. The Government may, on the ground of urgency, for humanitarian reasons or for any other reason considered to be in the public interest, lift the prohibition under section 2 to allow the transfer of water outside Québec, subject to the provisions of the Environment Quality Act (chapter Q-2).

A prohibition may be lifted in relation to one specific case or several cases.

The decision of the Government must describe the situation that warrants the lifting of the prohibition.

1999, c. 63, s. 3; 2001, c. 48, s. 3.

4. Any contravention of the provisions of section 2 renders the offender liable to the penalties set out in section 106.1 of the Environment Quality Act (chapter Q-2).

The provisions of the first paragraph of section 109.1.1 and of sections 109.1.2, 109.2, 110, 110.1, 112, 114 and 115 of the said Act are applicable.

1999, c. 63, s. 4.

4.1. The Minister responsible for the administration of the Environment Quality Act (chapter Q-2) shall, at the latest on 18 December 2006, and every five years thereafter, report to the Government on the application of this Act and the advisability of maintaining it in force or of amending it.

The report shall be tabled in the National Assembly within 15 days or, if the Assembly is not sitting, within 15 days of resumption.

2001, c. 48, s. 4.

5. (Omitted).

1999, c. 63, s. 5; 2001, c. 48, s. 5.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 63 of the statutes of 1999, in force on 1 April 2002, is repealed, except section 5, effective from the coming into force of chapter P-18.1 of the Revised Statutes.