Q-2, r. 3 - Regulation respecting the application of the Environment Quality Act

Section 1 Disposition versions

2018-09-20

1. The following projects are exempt from the application of section 22 of the Environment Quality Act (chapter Q-2):

(1)  the activities, constructions and work whose carrying out is subject to the Regulation respecting the sustainable development of forests in the domain of the State (chapter A-18.1, r. 0.01), except

(a)  the construction, widening and straightening of a road whose management is under the Minister responsible for the Act respecting roads (chapter V-9) and that is classified autoroute or a national, regional or collector road;

(b)  the construction, improvement and repair of a road or a route that skirts a lake or a watercourse by encroaching on its bed or “riparian ecotone” within the meaning of section 2 of the Regulation respecting the sustainable development of forests in the domain of the State;

(2)  the staking of a claim and geophysical, geological or geochemical surveys authorized under the Mining Act (chapter M-13.1) and the geophysical surveys and geochemical surveys authorized under the Petroleum Resources Act (chapter H-4.2), except seismic surveys in a body of water;

(3)  work, construction or projects on a bank or shore, in a floodplain or along the shoreline of a watercourse or lake within the meaning of the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35) provided that specific authorization for such work, construction or projects has been given by a municipality pursuant to a zoning, subdivision or construction by-law; work, construction or projects intended for public access or for municipal, industrial, commercial or public purposes are not exempt from the application of section 22;

(4)  the following wildlife management work:

(a)  the construction or repair of a fish ladder, a fish way or another work allowing fish to travel freely;

(b)  the cleaning up of a watercourse or lake where no dredging is involved;

(c)  the laying out of spawning areas where such laying out does not involve modifying the area of the bed of a watercourse or lake;

(d)  the installation of obstacles to fish migration;

(e)  the laying out of release or acclimation sites;

(f)  the installation of an incubation box;

(g)  the installation of an upwelling box;

(h)  the installation of an upstream dam for beavers;

(i)  the control of the water level near a beaver dam; and

(j)  the dismantling of a beaver dam;

(5)  work to recover and reclaim a halocarbon referred to in the Regulation respecting halocarbons (chapter Q-2, r. 29) from a fire extinguisher or a fire extinguishing system or a refrigeration or air conditioning unit; and

(6)  construction, work or activities to be carried out in aquatic reserves, biodiversity reserves or ecological reserves, or on land set aside for reserve purposes, if an authorization has been issued by the Minister under the Natural Heritage Conservation Act (chapter C-61.01).

O.C. 1529-93, s. 1; O.C. 333-2003, s. 1; O.C. 1091-2004, s. 72; O.C. 320-2006, s. 1; O.C. 972-2008, s. 1; O.C. 475-2017, s. 1; S.Q. 2016, c. 35, s. 23.

2018-04-01

1. The following projects are exempt from the application of section 22 of the Environment Quality Act (chapter Q-2):

(1)  the activities, constructions and work whose carrying out is subject to the Regulation respecting the sustainable development of forests in the domain of the State (chapter A-18.1, r. 0.01), except

(a)  the construction, widening and straightening of a road whose management is under the Minister responsible for the Act respecting roads (chapter V-9) and that is classified autoroute or a national, regional or collector road;

(b)  the construction, improvement and repair of a road or a route that skirts a lake or a watercourse by encroaching on its bed or “riparian ecotone” within the meaning of section 2 of the Regulation respecting the sustainable development of forests in the domain of the State;

(2)  the staking of a claim and geophysical, geological or geochemical surveys authorized under the Mining Act (chapter M-13.1);

(3)  work, construction or projects on a bank or shore, in a floodplain or along the shoreline of a watercourse or lake within the meaning of the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35) provided that specific authorization for such work, construction or projects has been given by a municipality pursuant to a zoning, subdivision or construction by-law; work, construction or projects intended for public access or for municipal, industrial, commercial or public purposes are not exempt from the application of section 22;

(4)  the following wildlife management work:

(a)  the construction or repair of a fish ladder, a fish way or another work allowing fish to travel freely;

(b)  the cleaning up of a watercourse or lake where no dredging is involved;

(c)  the laying out of spawning areas where such laying out does not involve modifying the area of the bed of a watercourse or lake;

(d)  the installation of obstacles to fish migration;

(e)  the laying out of release or acclimation sites;

(f)  the installation of an incubation box;

(g)  the installation of an upwelling box;

(h)  the installation of an upstream dam for beavers;

(i)  the control of the water level near a beaver dam; and

(j)  the dismantling of a beaver dam;

(5)  work to recover and reclaim a halocarbon referred to in the Regulation respecting halocarbons (chapter Q-2, r. 29) from a fire extinguisher or a fire extinguishing system or a refrigeration or air conditioning unit; and

(6)  construction, work or activities to be carried out in aquatic reserves, biodiversity reserves or ecological reserves, or on land set aside for reserve purposes, if an authorization has been issued by the Minister under the Natural Heritage Conservation Act (chapter C-61.01).

O.C. 1529-93, s. 1; O.C. 333-2003, s. 1; O.C. 1091-2004, s. 72; O.C. 320-2006, s. 1; O.C. 972-2008, s. 1; O.C. 475-2017, s. 1.

2012-09-01

1. The following projects are exempt from the application of section 22 of the Environment Quality Act (chapter Q-2):

(1)  construction, work or activities governed by the Regulation respecting standards of forest management for forests in the domain of the State (chapter A-18.1, r. 7), except the construction, reconstruction, widening or straightening of a road located less than 60 m from a constant watercourse, a lake, a river or the ocean, where the road is to run thus for a distance of at least 300 m;

(2)  the staking of a claim and geophysical, geological or geochemical surveys authorized under the Mining Act (chapter M-13.1);

(3)  work, construction or projects on a bank or shore, in a floodplain or along the shoreline of a watercourse or lake within the meaning of the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35) provided that specific authorization for such work, construction or projects has been given by a municipality pursuant to a zoning, subdivision or construction by-law; work, construction or projects intended for public access or for municipal, industrial, commercial or public purposes are not exempt from the application of section 22;

(4)  the following wildlife management work:

(a)  the construction or repair of a fish ladder, a fish way or another work allowing fish to travel freely;

(b)  the cleaning up of a watercourse or lake where no dredging is involved;

(c)  the laying out of spawning areas where such laying out does not involve modifying the area of the bed of a watercourse or lake;

(d)  the installation of obstacles to fish migration;

(e)  the laying out of release or acclimation sites;

(f)  the installation of an incubation box;

(g)  the installation of an upwelling box;

(h)  the installation of an upstream dam for beavers;

(i)  the control of the water level near a beaver dam; and

(j)  the dismantling of a beaver dam;

(5)  work to recover and reclaim a halocarbon referred to in the Regulation respecting halocarbons (chapter Q-2, r. 29) from a fire extinguisher or a fire extinguishing system or a refrigeration or air conditioning unit; and

(6)  construction, work or activities to be carried out in aquatic reserves, biodiversity reserves or ecological reserves, or on land set aside for reserve purposes, if an authorization has been issued by the Minister under the Natural Heritage Conservation Act (chapter C-61.01).

O.C. 1529-93, s. 1; O.C. 333-2003, s. 1; O.C. 1091-2004, s. 72; O.C. 320-2006, s. 1; O.C. 972-2008, s. 1.