Q-2, r. 14 - Regulation respecting the declaration of water withdrawals

Section 18.4 Disposition versions

2012-09-01

18.4. In order to enable the Minister of Sustainable Development, Environment and Parks to determine the reference volumes of water for the implementation of the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement, a withdrawer that withdraws or may withdraw water from the St. Lawrence River Basin from a withdrawal site whose works or facilities have a withdrawal rated capacity equal to or greater than 379,000 litres per day must, not later than 31 March 2012, send the Minister a declaration on existing withdrawals that contains, in addition to the information referred to in subparagraphs 1, 2 and subparagraphs a, c, d, h and i of subparagraph 3 of the fourth paragraph of section 9, the following information:

(1)  the authorized daily water withdrawal volumes, as they appear on the certificate of authorization, authorization or in the documents that are part of the certificate of authorization or authorization:

(a)  where the certificate of authorization or, as the case may be, the authorization provides for specific withdrawal volumes for the various components of the same works or facility used for withdrawals, the declaration must indicate the highest withdrawal volume of the component and identify the component;

(b)  where the certificate of authorization or, as the case may be, the authorization identifies the components of the works or facility used for withdrawals without specifying the authorized withdrawal volume, the declaration must indicate the highest rated capacity of the component and identify the component;

(c)  where the certificate of authorization or, as the case may be, the authorization concerns both a determined withdrawal volume and the installation of an identified component, such as a pump, whose withdrawal rated capacity is different from the determined withdrawal volume, the declaration must indicate the authorized withdrawal volume only;

(2)  the volumes of water corresponding to the withdrawal rated capacity of the works or facility and for which no certificate of authorization or no authorization was issued under the Environment Quality Act (chapter Q-2). Where the works or facilities have components whose rated capacities are different from one another, the declaration must indicate the lowest rated capacity and identify the component used to establish the rated capacity;

(3)  the volumes of water consumed within the St. Lawrence River Basin, expressed in litres or in percentage, out of the volumes of water withdrawn from the Basin and declared pursuant to paragraphs 1 and 2;

(4)  the volumes of water transferred out of the St. Lawrence River Basin out of the volumes of water withdrawn from the St. Lawrence River Basin and declared pursuant to paragraph 1 or 2:

(a)  where the volume of water transferred out of the Basin represents only a part of the volume of water withdrawn from the Basin, the declaration must indicate the volume corresponding to the rated capacity of the facility used for the transfer. The declaration must identify the class of industrial or commercial activities for which the withdrawal or, as the case may be, the transfer is intended, using the codes of the North American Industry Classification System (NAICS);

(b)  where the water transferred out of the Basin or a part of the water transferred is returned to the Basin, the declaration must identify, by means of georeferenced data, the locations where the water was returned for each withdrawal site and the volumes of water returned;

(c)  where the water transferred out of the Basin is not returned to the Basin, the declaration must specify, in addition to the volumes discharged, the location where they were discharged, by means of georeferenced data;

(5)  the volumes of water consumed out of the Basin out of the volumes of water declared pursuant to paragraph 4, expressed in litres or in percentage. The declaration must identify the class of activities in all cases where the water transferred out of the Basin is consumed in whole or in part, using the codes of the North American Industry Classification System (NAICS).

Each time that a provision of this section provides that the location of a site must be indicated, the georeferenced data of the site must be provided. In the case of a waterworks system serving all or part of the population of a municipality, the site must be located by referring to the level 1 drainage basins covered by the waterworks system, specifying the name of the watercourse, as officialized by the Commission de toponymie du Québec, into which the water of the territory of the basin flows.

For the purposes of this section, the volumes of water consumed must be either calculated using the direct measurement taken by measuring equipment or estimated. Where the volumes are calculated, no supply of water from outside the withdrawal site may affect or distort the calculation. Where the volumes of water are estimated, the estimate must be made by a professional in accordance with the provisions of sections 16 to 18 of this Regulation. In addition, the declaration must contain the name of the professional who evaluated the volume of water consumed, as well as his or her profession, and a description of the estimation method used. However, where the water is withdrawn to supply a waterworks system serving all or part of the population of a municipality, the person making the declaration may indicate a consumptive use equal to 15% of the person’s withdrawals without justifying the percentage.

The provisions of the second paragraph of section 9 apply to the declaration of information provided for by this section, except in the case provided for in section 18.6.

O.C. 685-2011, s. 14.