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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 de l’Environnement et de la Lutte contre les changements climatiques. Order in Council 1280-2018 dated 18 October 2018, (2018) 150 G.O. 2 (French), 7380.

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 1645-2022 dated 20 October 2022, (2022) 154 G.O. 2 (French), 6517.

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 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. 4711.

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 and to promote adaptation to the impacts of global warming and climate change, 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. 192020, c. 19, s. 11.

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 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. 192020, c. 19, s. 21.

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 Expropriation Act (chapter E-24); 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. 42017, c. 4, s. 20711; 2020, c. 192020, c. 19, s. 31.

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. 192020, c. 19, s. 41.

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. 192020, c. 19, s. 41.

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 included in the waters in the domain of the State, in particular those 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; 2017, c. 4, s. 208.

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.0.1

ADVISORY COMMITTEE ON CLIMATE CHANGE

2020, c. 192020, c. 19, s. 51.

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. 192020, c. 19, s. 51.

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. 192020, c. 19, s. 51.

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. 192020, c. 19, s. 51.

15.0.4. The committee makes its advice to the Minister public 30 days after sending it to the Minister.

2020, c. 192020, c. 19, s. 51.

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. 192020, c. 19, s. 51.

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. 192020, c. 19, s. 51.

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. 192020, c. 19, s. 51.

15.0.8. The committee may make any by-law concerning the exercise of its functions and its internal management.

2020, c. 192020, c. 19, s. 51.

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. 192020, c. 19, s. 51.

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. 192020, c. 19, s. 51.

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. 192020, c. 19, s. 51.

DIVISION II.1

ELECTRIFICATION AND CLIMATE CHANGE FUND

2006, c. 3, s. 26; 2020, c. 192020, c. 19, s. 61.

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. 42017, c. 4, s. 2091; 2017, c. 14, s. 51; 2020, c. 192020, c. 19, s. 71.

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. 42017, c. 4, s. 2101; 2020, c. 192020, c. 19, s. 71.

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 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 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) (paragraph repealed);

(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. 42017, c. 4, s. 21111; 2020, c. 192020, c. 19, s. 8112020, c. 192020, c. 19, s. 8122020, c. 192020, c. 19, s. 8132020, c. 192020, c. 19, s. 8142020, c. 192020, c. 19, s. 815.

15.4.1. Two-thirds of the sums 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) is reserved for the financing of measures applicable to transportation.

From the sums so reserved, the Minister shall transfer 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) a sum, equal to the average of the sums transferred to that fund by the Minister in the preceding five fiscal years, allocated to public transit measures and to financial assistance programs that promote the development and use of modes of passenger transportation other than passenger vehicles occupied by the driver only.

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. 192020, c. 19, s. 431.

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. 42017, c. 4, s. 2131; 2020, c. 192020, c. 19, s. 91.

15.4.1.2. (Replaced).

2017, c. 42017, c. 4, s. 2131; 2020, c. 192020, c. 19, s. 91.

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. 42017, c. 4, s. 21411; 2016, c. 35 2016, c. 35, s. 11; 2020, c. 192020, c. 19, s. 10112020, c. 192020, c. 19, s. 1012.

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. 42017, c. 4, s. 2151; 2016, c. 35, s. 1; 2020, c. 192020, c. 19, s. 111.

DIVISION II.2

(Heading replaced, 2020, c. 19, s. 12.)