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Q-2, r. 23.1 - Regulation respecting the environmental impact assessment and review of certain projects

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In force date

2024-01-01 Show full text at this date

SCHEDULE 1

(s. 2)

LIST OF PROJECTS SUBJECT TO THE ENVIRONMENTAL IMPACT ASSESSMENT AND REVIEW PROCEDURE

PART I

GENERAL

(1) DEFINITIONS

In this Schedule, unless the context indicates otherwise,

(1) “operation area” means the surface area occupied on the ground by any building, equipment, installation or work required for the operation of a plant, refinery, mill or other type of industrial establishment including, if applicable, the areas for the storage or handling of raw material, materials, products and by-products, and residual materials as well as wastewater treatment or retention basin, whether the infrastructures are situated on or at the periphery of the site of the main establishment;

(2) “river” means a river whose name is published in the Répertoire toponymique du Québec published in the Gazette officielle du Québec or in a supplement, except if the river is recognized by the Commission de toponymie as not geographically constituting a river, and that drains a watershed of at least 25 km2, the St. Lawrence River, the St. Lawrence Estuary and the Gulf of St. Lawrence, and baie des Chaleurs;

(3) “lake” means a lake or reservoir whose name is published in the Répertoire toponymique du Québec published in the Gazette officielle du Québec or in a supplement, except if the lake or reservoir is recognized by the Commission de toponymie as not geographically constituting a lake or reservoir;

(4) “hazardous residual materials” means hazardous residual materials within the meaning of the second paragraph of section 70.6 of the Act;

(5) “Policy” means the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35);

(6) “procedure” means the environmental impact assessment and review procedure provided for in subdivision 4 of Division II of Chapter IV of Title I of the Act;

(7) “maximum capacity” means the type of capacity relating to an activity covered by this Schedule, corresponding,

(a) in the case of a new construction or installation or a new establishment, the theoretical maximum capacity that could be reached in optimum operating conditions and with full use of material and technical resources;

(b) in the case of an existing construction, installation or establishment, the maximum capacity authorized under the Act or, where applicable, the actual capacity where the construction of the establishment and, where applicable, its expansion, has not required prior authorization under the Act.

(2) INTERPRETATION

The projects subject to the procedure under this Schedule include, where applicable, operation activities resulting from the projects.

In addition, an industrial establishment construction project referred to in any of sections 14 to 21 and 23 to 29 of Part II also includes the implementation project of such an industrial establishment in an existing structure or establishment that is or was used for other purposes.

In addition, an exemption of a project from the application of any section of this Schedule is applicable only to the extent that the work concerned is not included in a project referred to in another section of the same Schedule.

PART II

SUBJECT PROJECTS

(1) DAM AND DIKE

The following projects are subject to the procedure:

(1) the construction, for any purpose whatsoever, of a dam or dike exercising a hydraulic influence on a lake whose total area exceeds or will exceed 200,000 m2 at its maximum operating level;

(2) the reconstruction or modification of such dam or dike where the maximum operating level is modified;

(3) the construction, for any purpose whatsoever, of one or more dams or dikes that results in the creation of a reservoir or a group of reservoirs whose total area exceeds 100,000 m2 at the maximum operating level of the works;

(4) the demolition of a dam or dike referred to in any of subparagraphs 1 to 3.

For the purposes of subparagraph 1 of the first paragraph, the construction of a dam includes the reconstruction of such work on the remnants of an old dam or an old dike.

The following work and projects are exempt from the application of this section:

(1) in the case of a mining operation or a cranberry farm, any work for creating a localized water retention outside a high-velocity flood zone, within the meaning of the Policy, is exempt from the application of this section.

(2) wildlife development projects prepared with a view to conserving or improving the biodiversity of a site.

(2) WORK IN WETLANDS AND BODIES OF WATER

Projects or programs including the carrying out of any of the following work are subject to the procedure:

(1) dredging, clearing, filling, or levelling off work, for any purpose whatsoever, within the 2-year flood line of a river or lake, over a cumulative distance equal to or greater than 500 m or over a cumulative area equal to or greater than 5,000 m2, for a same river or lake;

(2) the construction of a dike for the flooding of wetlands and bodies of water within the meaning of section 46.0.2 of the Act on any new area equal to or greater than 1,000,000 m2 that will be operated by a cranberry farm.

Projects concerning only the following work are exempt from the application of this section:

(1) maintenance work necessary for the drainage of an existing thoroughfare, including a railroad;

(2) work required for the installation of a water pipe or cable that does not require the installation of cofferdams or piers;

(3) work required for the installation of cofferdams around a pillar of a bridge for repairing or maintaining it;

(4) work required as part of the carrying out of a rehabilitation plan approved by the Minister under Division IV of Chapter IV of Title I of the Act;

(5) rehabilitation and restoration work on an abandoned mining site;

(6) work required for cultivation of soil of an agricultural parcel or for the surface or subsurface drainage of such parcel;

(7) maintenance work on a ditch, a stream or a river that drains a watershed of less than 25 km2 and carried out by a regional county municipality, a metropolitan community or a local municipality whose territory is not included in the territory of a regional county municipality;

(8) work intended for the maintenance of existing sluices or the reconstruction of such works, to the extent that they are positioned inland;

Projects concerning only the following work are also exempt from the application of subparagraph 1 of the first paragraph:

(1) maintenance dredging for navigation purposes carried out in the St. Lawrence River, the St. Lawrence Estuary or the Gulf of St. Lawrence and in baie des Chaleurs over a cumulative area less than 25,000 m2, regardless of the distance concerned;

(2) work for restoring to a natural state a bank or shore with a view to conserving or improving the biodiversity of a site;

(3) work for wildlife development prepared with a view to conserving or improving the biodiversity of a site.

For the purposes of subparagraph 1 of the first paragraph, if the information available does not allow to establish the 2-year flood line of a river or lake, the line is deemed to be located at the point where predominantly terrestrial plants succeed predominantly aquatic plants, or, where there are no aquatic plants, the point closest to the water where terrestrial plants no longer grow. In the case of a water retaining structure, that line is located at the maximum level of the operation of the work for the part of the body of water located upstream. In addition, in the case of a legally erected retaining wall, that line is the top of the structure.

Where a project includes bank or shore stabilization for repairing or protecting an existing road or railway infrastructure, the distance or cumulative area provided for in subparagraph 1 of the first paragraph is calculated separately on the basis of the territory of each local municipality or unorganized territory concerned by the work.

(3) REROUTING OR DIVERTING OF A RIVER OR LAKE

Projects for rerouting or diverting, for any purpose whatsoever, all or part of a river or a lake are subject to the procedure.

The following work is exempt from the application of this section:

(1) the rerouting or diverting required for the carrying out of a dam or dike project that is not subject to the procedure under section 1 of Part II of this Schedule;

(2) the rerouting or diverting required for the construction, reconstruction or increase of the capacity of a hydro-electric power plant that is not subject to the procedure under section 11 of Part II of this Schedule;

(3) the rerouting or diverting required for a water intake;

(4) the temporary rerouting or diverting required during construction work;

(5) the work intended only for wildlife management prepared with a view for conserving or improving the biodiversity of a site.

(4) PORT, WHARF AND PORT TERMINAL

For the purposes of this section, the term “port” includes wharf.

The following projects are subject to the procedure:

(1) the construction or expansion of a port or port terminal;

(2) in the case of a recreational harbour,

(a) the construction of a port for 150 boats or more;

(b) any increase of the maximum capacity of a port to reach 150 boats or more;

(c) where the maximum capacity authorized by the Government under section 31.5 of the Act is 150 or more boats, each addition of at least 50 boats, whether that threshold is reached following one or more separate projects.

The following work is exempt from the application of subparagraph 1 of the second paragraph:

(1) the installation of a temporary wharf required during construction work;

(2) the addition of pilotis or pilings occupying a maximum cumulative area of 100 m2 without modifying the use of the wharf.

Subparagraph b of subparagraph 2 of the second paragraph does not apply to a recreational harbour existing on 23 March 2018 whose maximum capacity on that date is between 100 and 149 boats. For such a recreational harbour, each addition of at least 50 boats, whether that threshold is reached following one or more separate projects, is subject to the procedure.

For the purposes of this section, the maximum capacity of a recreational harbour existing on 23 March 2018 is

(1) the capacity authorized under section 22 and, where applicable, section 31.5 of the Act;

(2) its actual capacity on that date if the construction and, where applicable, its expansion, did not require a prior authorization under the Act.

(5) ROAD INFRASTRUCTURES

The following projects are subject to the procedure:

(1) the construction, over a minimum length of 5 km, of a road designed for 4 lanes or more or the widening, over that distance, of a road increasing the number of lanes to 4 or more;

(2) the construction or widening of a road whose planned right of way has a width equal to or greater than 40 m over a minimum length of 5 km;

(3) the construction of a road designed for 4 lanes or more or whose planned right of way has a width equal to or greater than 35 m over a minimum length of 1 km situated within an urbanization perimeter indicated in the land use planning and development plan applicable to the territory concerned or to an Indian reserve;

(4) the widening of a road designed for 4 lanes or more or whose right of way has a width equal to or greater than 35 m over a minimum length of 2 km situated within an urbanization perimeter indicated in the land use planning and development plan applicable to the territory concerned or to an Indian reserve.

For the purposes of this section, the calculation of the right of way of a road includes its appurtenances, such as interchanges, access ramps, service roads and facilities required for drainage. In addition, the minimum length is equal to a contiguous length.

The project for the widening of a road in a right of way that, on 30 December 1980, already belonged to the project proponent is, until 23 March 2028, exempt from the application of the first paragraph.

(6) AIRPORT

The following projects are subject to the procedure:

(1) the establishment of an airport whose landing strip is expected to be over a length of more than 1 km;

(2) the expansion of an airport including the addition of a new landing strip of a length of more than 1 km or the extension of a strip so that it reaches a length of more than 1 km.

The following work is exempt from the application of this section:

(1) work consisting only in widening an existing landing strip;

(2) work for the building of an airfield on a frozen lake;

(3) work concerning only the construction of administrative buildings or intended for air traffic control or meteorological monitoring, or of hangars.

(7) RAIL YARD, RAILROAD AND SHARED TRANSPORTATION

The following projects are subject to the procedure:

(1) the construction of a rail yard;

(2) the construction or extension of a railway over a length equal to or greater than 5 km or 2 km if the project is carried out within an urbanization perimeter indicated in the land use planning and development plan applicable to the territory concerned or to an Indian reserve;

(3) the construction or extension of a guided or railed shared transportation system or a subway, irrespective of its length, including the stations and terminals, and other related infrastructures.

For the purposes of subparagraph 2 of the first paragraph, where a project comprises railway sidings, the length of the work includes the cumulative length of the main track and of each siding.

A project for the construction of the works referred to in subparagraphs 1 and 2 of the first paragraph within an industrial use area determined in the land use planning and development plan applicable in the territory concerned is exempt from the application of the subparagraphs.

The construction or extension of a railway in an existing right of way used for the same purposes is exempt from the application of subparagraph 2 of the first paragraph.

A project concerning only the conversion of an existing railroad into a shared transportation mode referred to in subparagraph 3 of the first paragraph is exempt from the application of the subparagraph. A shared transportation infrastructure project that meets the criteria determined by the Conseil du trésor under the second paragraph of section 16 of the Public Infrastructure Act (chapter I-8.3) and whose opportunity record is filed with the Cabinet before 23 March 2018 is also exempt from the application of that subparagraph.

(8) INSTALLATION FOR NATURAL GAS OR BIOMETHANE REGASIFICATION OR LIQUEFACTION

The following projects are subject to the procedure:

(1) the construction of a facility for the liquefaction of natural gas or biomethane whose maximum daily capacity of liquefaction equipment is equal to or greater than 100 m3 of liquefied natural gas;

(2) the construction of a facility for the regasification of liquefied natural gas whose maximum daily capacity of regasification equipment is equal to or greater than 4,000 m3 of liquefied natural gas;

(3) any project to increase the maximum daily liquefaction capacity of a facility that would reach or exceed 100 m3 of liquefied natural gas;

(4) any project to increase the maximum daily regasification capacity of a facility that would reach or exceed 4,000 m3 of liquefied natural gas;

(5) any project to increase by 50% or more the maximum daily capacity of a facility referred to in subparagraphs 1 and 4 whose maximum daily liquefaction or regasification capacity, before the increase, is equal to or greater than 100 m3 or 4,000 m3 of liquefied natural gas, as the case may be.

Subparagraphs 3 and 4 of the first paragraph do not apply to a regasification or liquefaction facility existing on 23 March 2018. For those facilities, any project to increase the maximum daily liquefaction or regasification capacity by 50% or more that would reach or exceed, as the case may be, a maximum daily regasification capacity of 4,000 m3 or a maximum daily liquefaction capacity of 100 m3 of liquefied natural gas is subject to the procedure.

(9) OIL PIPELINES AND GAS PIPELINES

The following projects are subject to the procedure:

(1) the construction of an oil or gas pipeline over a length equal to or greater than 2 km;

(2) the construction of an oil or gas pipeline in whole or in part within an urbanization perimeter indicated in the land use planning and development plan applicable to the territory concerned or to an Indian reserve;

(3) the construction of an oil pipeline in an intermediate protection zone under the Water Withdrawal and Protection Regulation (chapter Q-2, r. 35.2) for any category 1 groundwater or surface water withdrawal;

(4) the carrying out of work, structures or works for converting a gas pipeline into an oil pipeline or for inverting the flow of an oil pipeline.

The construction of an oil or gas pipeline in an existing right of way used for the same purposes is exempt from the application of subparagraph 1 of the first paragraph.

In addition, the construction of a gas pipeline less than 300 mm in diameter designed for a pressure of less than 4,000 kPa is exempt from the application of subparagraphs 1 and 2 of the first paragraph.

(10) POWER TRANSMISSION LINES AND TRANSFORMER STATION

The following projects are subject to the procedure:

(1) the construction, over a distance greater than 2 km, of an electric power transmission and distribution line of a voltage equal to or greater than 315 kV;

(2) the construction of a control and transformer station of a voltage equal to or greater than 315 kV, including all the electric power transmission lines of the same voltage.

Projects concerning the construction of a control and transformer station of a voltage equal to or greater than 315 kV, including all electric power transmission lines of the same voltage, are exempt from the application of subparagraph 2 of the first paragraph, when all of the following conditions are met:

(1) the control and transformer station is used exclusively in the course of the operation of an establishment;

(2) the control and transformer station is located on the same land or on land that is adjacent to that establishment.

In addition, a project in a road or railroad right of way or adjacent to it, including, in the case where the road or railroad crosses a watercourse, the passage of such line under the watercourse, is exempt from the application of this section.

(11) ELECTRIC POWER GENERATION

The following projects are subject to the procedure:

(1) the construction for electric power generation

(a) of a hydro-electric power plant or an in-stream tidal turbine farm of a capacity equal to or greater than 5 MW;

(b) of a fossil fuel power generating plant or other type of facility with a capacity equal to or greater than 5 MW;

(c) of a wind farm or any other type of power generating plant or facility with a capacity equal to or greater than 10 MW;

(2) the reconstruction of a work referred to in subparagraph 1;

(3) any increase of the capacity of an electric power generating plant, farm or other type of facility, as the case may be, if their capacity, before the increase or following the increase, is equal to or greater than

(a) 5 MW in the case of a hydro-electric power plant or an in-stream tidal turbine farm;

(b) 5 MW in the case of a fossil fuel power generating plant or other type of facility; and

(4) the addition of a turboalternator to a combustion system that had not been previously used to produce electric power if the capacity of the alternator is equal to or greater than

(a) 5 MW in the case of a combustion system burning fossil fuels;

(b) 10 MW in the other cases covered by this section.

The installation of emergency generators in an establishment other than an electric power generating plant, the installation of solar panels on the roof of existing infrastructures and, in the case of a hydro-electric power plant, the replacement or modification of technical equipment incidental to such work that will not result in a change in the minimum and maximum levels of operation are exempt from the application of this section.

For the purposes of this section, the capacity of a generating plant or a farm is the total rated capacities of its production equipment based on the following:

(1) the capacity of a hydro-electric power plant is the rated capacity of the alternator of the turboalternator at a water temperature of 15°C;

(2) the capacity of a fossil fuel, biomass or biogas fired power generating plant is the rated capacity of such an alternator at an air temperature of 15°C and an atmospheric pressure of 1 bar;

(3) the capacity of a wind farm or an in-stream tidal turbine farm is the sum of the rated capacities of all the windmills or the tidal turbines connected to a transformation station. The number of windmills or tidal turbines considered to establish the capacity is the maximum number of windmills or tidal turbines that the farm is authorized to establish.

(12) NUCLEAR TRANSFORMATION AND RADIOACTIVE WASTE MANAGEMENT

The following projects are subject to the procedure:

(1) the construction of a nuclear fission or fusion establishment;

(2) the construction of a plant that manufactures, processes or reprocesses nuclear fuel;

(3) the construction of a disposal or storage site for radioactive waste;

(4) any modification that increases the maximum capacity for the transformation, processing, reprocessing, disposal or storage of an establishment, a plant or a premise referred to in this section;

(5) the decommissioning of a nuclear fission or fusion establishment.

(13) NATURAL GAS STORAGE

Projects concerning work referred to in the Act respecting natural gas storage and natural gas and oil pipelines (chapter S-34.1) and related to natural gas storage are subject to the procedure.

(14) PETROLEUM, GAS AND COAL PROCESSING

The following projects are subject to the procedure:

(1) the construction of an oil refinery, a petrochemical plant, a liquid petroleum gas fractionating plant, a plant that processes or synthesizes energy-producing gas or a plant that processes or synthesizes coal products;

(2) any increase of 25% or more of the maximum daily production or transformation capacity of such a refinery or plant;

(3) any increase of the maximum daily production or transformation capacity that results in an expansion of more than 25% of the operation area of such a refinery or plant.

(15) PULP AND PAPER MILLS

The following projects are subject to the procedure:

(1) the construction of a mill within the meaning of the Regulation respecting pulp and paper mills (chapter Q-2, r. 27) whose maximum annual production capacity would be equal to or greater than 40,000 metric tons;

(2) any increase of the maximum annual production capacity of a mill to reach or exceed 40,000 metric tons;

(3) in the case of a mill whose maximum annual production capacity is equal to or greater than 40,000 metric tons,

(a) any increase of 50% or more of that capacity;

(b) any increase of that capacity that results in an expansion of 25% or more of the mill operation area.

Subparagraph 2 of the first paragraph does not apply to a mill existing on 23 March 2018. For those mills, any project to increase the maximum annual production capacity by 50% or more, that would reach or exceed 40,000 metric tons, is subject to the procedure.

For the purposes of this section, the maximum annual production capacity is calculated by taking into account a maximum of 10% water content of the end product.

(16) RENDERING PLANT

The following projects are subject to the procedure:

(1) the establishment of a dismembering plant, “rendering plant” category, within the meaning of section 1.3.4.2 of the Regulation respecting food (chapter P-29, r. 1), whose maximum hourly reception capacity would be equal to or greater than 1 metric ton;

(2) the increase of 25% or more of the maximum hourly reception capacity of such a plant;

(3) any increase of the maximum hourly capacity of a dismembering plant mentioned in paragraph 1 to reach or exceed 1 metric ton.

Subparagraph 3 of the first paragraph does not apply to a rendering plant existing on 23 March 2018. For those plants, any project to increase the maximum hourly reception capacity by 25% or more, that would reach or exceed 1 metric ton, is subject to the procedure.

(17) EXTRACTIVE METALLURGY

The following projects are subject to the procedure:

(1) the construction of an extractive metallurgy plant whose maximum annual production capacity would be equal to or greater than 40,000 metric tons;

(2) any increase of the maximum annual production capacity of such a plant to reach or exceed 40,000 metric tons;

(3) in the case of a plant whose maximum annual production capacity is equal to or greater than 40,000 metric tons,

(a) any increase of 50% or more of that capacity;

(b) any increase of that capacity that results in an expansion of 25% or more of the plant operation area;

(4) the construction of an extractive metallurgy plant for the production of rare earth or rare earth compound, any increase of the maximum annual production capacity or any expansion of the operation area of such a plant;

(5) the construction of an extractive metallurgy plant for the production of radioactive elements or radioactive compounds, or uranium refining or enrichment and any increase of the maximum annual production capacity or expansion of the operation area of such a plant.

Subparagraph 2 of the first paragraph does not apply to a plant existing on 23 March 2018. For those plants, any project to increase the maximum annual production capacity by 50% or more, that would reach or exceed 40,000 metric tons, is subject to the procedure.

(18) CEMENT AND QUICKLIME MANUFACTURING

The following projects are subject to the procedure:

(1) the construction of a cement or quicklime plant;

(2) any increase of 50% or more of the maximum daily capacity for the production of cement or quicklime of such a plant;

(3) any increase of the maximum daily capacity for the production of cement or quicklime that results in an expansion of 25% or more of the operation area of such a plant.

(19) EXPLOSIVES MANUFACTURING

The following projects are subject to the procedure:

(1) the construction of a plant for the manufacturing of explosives, explosive detonators or explosive devices;

(2) the increase of the maximum daily production capacity of 10% or more of such a plant;

(3) the increase of the maximum daily production capacity that results in an expansion of 25% or more of the operation area of such a plant.

Projects related to ammunition and ammunition detonator factories and to the manufacture of pyrotechnics are exempt from the application of this section.

(20) CHEMICALS MANUFACTURING

The following projects are subject to the procedure:

(1) the construction of a chemical plant whose maximum annual production capacity would be equal to or greater than 50,000 metric tons;

(2) any increase of the maximum annual production capacity of a chemical plant to reach or exceed 50,000 metric tons;

(3) in the case of a plant whose maximum annual production capacity is equal to or greater than 50,000 metric tons,

(a) any increase of 50% or more of that capacity;

(b) any increase of that capacity that results in an expansion of 25% or more of the plant operation area.

This section does not apply to the activities referred to in section 39.

(21) HEAVY WATER PRODUCTION

The following projects are subject to the procedure:

(1) the construction of a heavy water plant;

(2) any increase of the maximum daily production capacity of such a plant.

(22) MINING ACTIVITY

For the purposes of this section,

(1) “mine” means all the surface and underground infrastructures necessary for the extraction of ore, including ore storage areas, handling areas, mine tailings accumulation areas, deposits of overburden and mining wastewater treatment and retention basins;

(2) “operation area” means the area occupied at ground level by the mine. For a mine existing on 23 March 2018, the operation area is, as the case may be,

(a) the area authorized under section 22 and, where applicable, section 31.5 of the Act;

(b) the area existing on that date if the establishment and, where applicable, its expansion, did not require prior authorization under the Act.

The following projects are subject to the procedure:

(1) the establishment of a uranium or rare earth mine;

(2) the establishment of a mine whose maximum daily capacity for extracting any other metal ore is equal to or greater than 2,000 metric tons;

(3) the establishment of any other mine whose maximum daily ore extraction capacity is equal to or greater than 500 metric tons;

(4) the establishment of a mine in whole or in part within an urbanization perimeter indicated in the land use planning and development plan applicable to the territory concerned or to an Indian reserve and at less than 1,000 m from such a perimeter or such a reserve, irrespective of the ore extracted and the extraction capacity;

(5) any increase of the maximum daily extraction capacity of a mine referred to in subparagraph 2 or 3 to reach or exceed, as the case may be, a threshold provided for therein;

(6) any expansion of 50% or more of the mine operation area in the following cases:

(a) a uranium or rare earth mine;

(b) the maximum daily extraction capacity of a mine referred to in subparagraph 2 or 3, as the case may be, is reached or exceeded;

(c) the mine is situated in whole or in part within an urbanization perimeter indicated in the land use planning and development plan applicable to the territory concerned or to an Indian reserve and at less than 1,000 m from such a perimeter or such a reserve.

Subparagraph 5 of the second paragraph does not apply to a mine existing on 23 March 2018. For those mines, any project to increase the maximum daily extraction capacity by 50% or more, that would reach or exceed any of the thresholds provided for in subparagraph 2 or 3 of the same paragraph, as the case may be, is subject to the procedure.

For the purposes of subparagraphs 1 to 4 of the second paragraph, the resumption of the operation of a mine is considered to be the establishment of a new mine where the following conditions are met:

(1) the mine has undergone dismantling or restoration work after its operation stopped;

(2) the establishment of the mine did not require prior authorization under the Act.

The following are excluded from the application of this section:

(1) work subject to the Regulation respecting petroleum, natural gas and underground reservoirs (chapter M-13.1, r. 1);

(2) pits and quarries within the meaning of the Regulation respecting pits and quarries (chapter Q-2, r. 7.1).

(23) ORE TREATMENT

For the purposes of this section,

(1) “treatment” means any activity for the enrichment of an ore, a concentrate or mine tailings by a mineralurgical process that allows the separation of minerals and agglomerate fabrication activities;

(2) “treatment plant” means all the infrastructures necessary to treat ore, including handling areas, storage areas, mine tailings accumulation areas and mining wastewater treatment and retention basins.

The following projects are subject to the procedure:

(1) the construction of a treatment plant for

(a) uranium ore;

(b) rare earth ore;

(d) any other ore whose maximum daily treatment capacity is equal to or greater than 500 metric tons;

(e) any ore, where the treatment plant is situated in whole or in part within an urbanization perimeter indicated in the land use planning and development plan applicable to the territory concerned or to an Indian reserve and at less than 1,000 m from such a perimeter or such a reserve;

(2) any increase of the maximum daily treatment capacity of a plant referred to in subparagraph c or d of subparagraph 1 of the second paragraph to reach or exceed, as the case may be, any of the treatment thresholds provided for therein;

(3) any expansion of 50% or more of a treatment plant in the following cases:

(a) the treatment of uranium or rare earth ore;

(b) the maximum daily capacity of the treatment plant referred to in subparagraph c or d of subparagraph 1 of the second paragraph is reached or exceeded;

(c) the ore treatment plant is situated in whole or in part within an urbanization perimeter indicated in the land use planning and development plan applicable to the territory concerned or to an Indian reserve and at less than 1,000 m from such a perimeter or such a reserve.

Subparagraph 2 of the second paragraph does not apply to a plant existing on 23 March 2018. For those plants, any project to increase the maximum daily treatment capacity by 50% or more, that would reach or exceed any of the thresholds provided for in subparagraph c or d of subparagraph 1 of the same paragraph, is subject to the procedure.

(24) PHYSICAL METALLURGY

The following projects are subject to the procedure:

(1) the construction of a physical metallurgy plant for the processing, or treatment of metal products whose maxi mum annual production capacity would be equal to or greater than 20,000 metric tons;

(2) any increase of the maximum annual production capacity of a plant to reach or exceed 20,000 metric tons;

(3) in the case of a plant whose maximum annual production capacity is equal to or greater than 20,000 metric tons,

(a) any increase of 50% or more of that capacity;

(b) any increase of that capacity that results in an expansion of more than 25% of the plant operation area.

Subparagraph 2 of the first paragraph does not apply to a plant existing on 23 March 2018. For those plants, any project to increase the maximum annual treatment capacity by 50% or more, that would reach or exceed 20,000 metric tons, is subject to the procedure.

(25) MANUFACTURING OF MATERIALS DERIVED FROM WOOD

For the purposes of this section, the term “composite materials derived from wood” means a product manufactured from fibres, wood particles or slats agglomerated using a binding agent.

The following projects are subject to the procedure:

(1) the construction of a plant that produces chipboard from wood fibre or manufactures other composite materials derived from wood whose annual maximum production capacity would be equal to or greater than 50,000 m3;

(2) any increase of the maximum annual production capacity of a plant that would reach or exceed 50,000 m3;

(3) in the case of a plant whose maximum annual production capacity is equal to or greater than 50,000 m3,

(a) any increase of 50% or more of that capacity;

(b) any increase of that capacity that results in an expansion of 25% or more of the plant operation area.

Subparagraph 2 of the second paragraph does not apply to a plant existing on 23 March 2018. For those plants, any project to increase the maximum annual production capacity by 50% or more, that would reach or exceed 50,000 m3, is subject to the procedure.

(26) (Revoked).

(27) MANUFACTURING OF BRICKS

The following projects are subject to the procedure:

(1) the construction of a clay brick or fire brick plant whose maximum annual production capacity would be equal to or greater than 20,000 metric tons;

(2) any increase of the maximum annual production capacity of a plant to reach or exceed 20,000 metric tons;

(3) in the case of a plant whose maximum annual production capacity is equal to or greater than 20,000 metric tons,

(a) any increase of 50% or more of that capacity;

(b) any increase of that capacity that results in an expansion of 25% or more of the plant operation area.

(28) MANUFACTURING OF GLASS

The following projects are subject to the procedure:

(1) the construction of a glass plant whose maximum annual production capacity would be equal to or greater than 50,000 metric tons;

(2) any increase of the maximum annual production capacity of a plant to reach or exceed 50,000 metric tons;

(3) in the case of a plant whose maximum annual production capacity is equal to or greater than 50,000 metric tons,

(a) any increase of 50% or more of that capacity;

(b) any increase of that capacity that results in an expansion of 25% or more of the plant operation area.

(29) MANUFACTURING OF TIRES

The following projects are subject to the procedure:

(1) the construction of a tire plant whose maximum annual production capacity would be equal to or greater than 20,000 metric tons;

(2) any increase of the maximum annual production capacity of a plant to reach or exceed 20,000 metric tons;

(3) in the case of a plant whose maximum annual production capacity is equal to or greater than 20,000 metric tons,

(a) any increase of 50% or more of that capacity;

(b) any increase of that capacity that results in an expansion of 25% or more of the plant operation area.

A plant used only for retreading or rebuilding tires is exempt from the application of this section.

(30) LIVESTOCK PRODUCTION

The following definitions apply to this section:

(1) “animal production site” means a set of raising facilities and storage works that belong to the same owner or to a number of owners who manage them jointly or use the same storage works if the distance between the works and the livestock facilities is less than 150 m;

(2) “liquid manure management” and “solid manure management” have the meaning provided for in section 3 of the Agricultural Operations Regulation (chapter Q-2, r. 26).

The following projects are subject to the procedure:

(1) the implementation of a new animal production site that can contain a number equal to or greater than 800 animal units under liquid manure management or 1,300 animal units under solid manure management;

(2) any increase of the number of animal units in an animal production site to reach or exceed 800 animal units under liquid manure management or 1,300 animal units under solid manure management;

(3) for a site already authorized by the Government under section 31.5 of the Act, each addition of at least 400 animal units under liquid manure management or 650 animal units under solid manure management.

In addition, animal production projects involving a mixed manure management are subject to the procedure where the result of the equations below is equal to or greater than 1, as the case may be:

(1) in the case of a project for the implementation of a new animal production site or a project to increase the number of animal units in an existing production site,

NL	+	NS	≥	1
800		1,300

where:

“NL” represents the projected number of animal units under liquid manure management;

“NS” represents the projected number of animal units under solid manure management;

(2) in the case of a project to increase the number of animal units in a production site already authorized by the Government under section 31.5 of the Act:

NLs	+	NSs	≥	1
400		650

where:

“NLs” represents the number of projected additional animal units under liquid manure management;

“NSs” represents the number of projected additional animal units under solid manure management.

In the case of an animal production site existing before 23 March 2018, subparagraph 2 of the second paragraph and subparagraph 1 of the third paragraph apply to the site where the project is also covered by section 148 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1).

For the purposes of the third paragraph, an animal production site is considered to be under mixed manure management where the site intends to operate, at all times, according to a liquid and solid manure management.

For the purposes of this section, the number of animal units in an animal production site is determined using the following table, according to each category of animal concerned:

Determination of the number of animal units
Categories of animals	Number of animals equivalent to an animal unit
Cattle
Bull	1
Slaughter cow and its calf
Dairy cow and its 14-day calf
Dairy or slaughter heifer (> 15 months)
Finishing cattle (> 400 kg)
Backgrounding cattle (from 268 to 400 kg)	2
Dairy or slaughter heifer (< 15 months)
Finishing grain-fed calf (> 95 kg)
Veal calf	3
Grain-fed calf nursery (≤ 95 kg)	7
Suidae
Sow and unweaned piglets	4
Boar	4
Feeder pig (male or female)	5
Gilt	5
Weanling	25
Poultry
Heavy turkey (male or female of more than 9.9 kg)	45
Broiler turkey (male or female of a final weight less than or equal to 9.9 kg)	100
Laying hen – eggs for hatching	175
Roaster	225
Broiler (male or female of a final weight less than or equal to 3 kg)	275
Laying hen – eggs for consumption
Pullet – eggs for hatching
Pullet – eggs for consumption	350
Any other category of animals
For an animal that, at the end of the raising period, will have a weight equal to or greater than 600 kg or for a group of animals of the same species whose total weight will be 600 kg	1

For the purposes of this table, the weight of an animal is its expected weight at the end of the raising period.

(31) APPLICATION OF PESTICIDES

Any program or project for the application, using an aircraft, including a drone, of the pesticides referred to in section 1 of the Pesticides Act (chapter P-9.3), for non-agricultural purposes over an area of 600 ha or more is subject to the procedure.

This section does not apply to the application of a pesticide whose only active ingredient is Bacillus thuringiensis (subsp. Kurstaki) or Bacillus thuringiensis (subsp. israelensis). In the latter case, the program or project must be carried out by a local municipality and the area concerned must be 5,000 ha or less.

(32) CONSTRUCTION OF STORAGE TANKS

The following projects are subject to the procedure:

(1) the construction of one or more tanks with a total storage capacity equal to or greater than 10,000 m3 where the tanks are intended to receive one of the following materials:

(a) a liquid or gaseous material, except water, food products or liquid waste from a livestock operation;

(b) any other material referred to in section 3 of the Regulation respecting hazardous materials (chapter Q-2, r. 32) or paragraph 6 or 7 of section 4 of that Regulation;

(2) the construction of one or more tanks to increase the total capacity for the storage of one or more of the materials referred to in paragraph 1 to reach or exceed 10,000 m3;

(3) where the total storage capacity of a storage site existing on 23 March 2018 is 10,000 m3 or more, the construction of tanks that would increase that capacity by at least 10,000 m3, whether that threshold is reached through one or a number of separate projects.

Subparagraph 2 of the first paragraph does not apply to the increase of the storage capacity of a storage site existing on 23 March 2018. For such a site, the construction of tanks to increase that capacity by at least 10,000 m3, whether that threshold is reached through one or a number of separate projects, is subject to the procedure.

(33) INCINERATION OF RESIDUAL MATERIALS OTHER THAN HAZARDOUS MATERIALS

For the purposes of this section, “incinerator” has the meaning provided for in section 101 of the Clean Air Regulation (chapter Q-2, r. 4.1).

The following projects are subject to the procedure:

(1) the construction or installation of a residual material incinerator with a maximum hourly capacity equal to or greater than 2 metric tons and any subsequent increase of 10% or more of the maximum hourly capacity of such an incinerator;

(2) any increase of the maximum hourly capacity of a residual material incinerator to reach or exceed 2 metric tons;

(3) the construction or installation of an incinerator intended to receive in whole or in part biomedical waste as defined in section 1 of the Regulation respecting biomedical waste (chapter Q-2, r. 12) or the conversion for that purpose of an existing incinerator, and any modification to increase by more than 10% the maximum hourly capacity of such an incinerator.

The construction of a residual material incinerator on the site of an industrial establishment is exempt from the application of subparagraphs 1 and 2 of the second paragraph to the extent that the incinerator will be reserved exclusively for the incineration of residual materials from that establishment.

Treatment facilities, by disinfection, of biomedical waste or the installation of a biomedical waste incinerator on the sites of their production to the extent that the incinerator is intended exclusively to incinerate biomedical waste from that site and the hourly incineration capacity is less than 100 kg, are excluded from the application of subparagraph 3 of the second paragraph.

(34) LANDFILL SITE

Projects for the establishment or expansion of an engineered landfill referred to in Division 2 of Chapter II of the Regulation respecting the landfilling and incineration of residual materials (chapter Q-2, r. 19), except a site whose use is reserved exclusively for landfilling from an industrial process, are subject to the procedure.

For the purposes of this section, the expansion of a landfill includes any modification to increase the landfilling capacity.

(35) SITE FOR THE FINAL DISPOSAL OF HAZARDOUS MATERIALS

The following projects are subject to the procedure:

(1) the establishment of a site used in whole or in part for the final disposal of hazardous materials within the meaning of section 1 of the Act or for the final disposal of materials from the stabilization and solidification treatment of residual hazardous materials, including vitrification;

(2) the expansion of a site referred to in subparagraph 1.

For the purposes of this section, the expansion of a site includes any modification that increases the final disposal capacity of hazardous materials.

The establishment or expansion, on land, of a site used exclusively for the final disposal of residual hazardous materials extracted from that lot or for the deposit of materials resulting from the treatment of hazardous materials thus extracted is exempt from the application of this section where the establishment is carried out as part of rehabilitation work authorized under the Act for sites used before 26 June 1985 for the deposit of such materials.

(36) TREATMENT AND INCINERATION OF RESIDUAL HAZARDOUS MATERIALS

The following projects are subject to the procedure:

(1) the installation of any of the following processes for the treatment of residual hazardous materials where the materials are treated outside the location of their production:

(a) the physico-chemical treatment, thermal or not, for the stabilization and solidification of residual hazardous materials, including vitrification;

(b) the thermal treatment of residual hazardous materials for the extraction or recovery of metals where the maximal annual production capacity of metals is equal to or greater than 40,000 metric tons;

(c) the thermal treatment of residual hazardous materials for the production of fuels or lubricants, where the maximum annual treatment capacity of residual hazardous materials is equal to or greater than 50,000 metric tons;

(2) any increase of the maximum annual treatment capacity of a process referred to in subparagraph a of subparagraph 1;

(3) any increase of the maximum annual treatment capacity of a process referred to in subparagraph b or c of subparagraph 1 to reach or exceed the applicable threshold provided for in one of those subparagraphs;

(4) the construction or installation of an incinerator used in whole or in part for the incineration of residual hazardous materials, or the conversion for that purpose of an existing incinerator, and any increase of the maximum annual capacity of such an incinerator.

For the purposes of subparagraph 4 of the first paragraph, “incinerator” includes any incineration, gasification, pyrolysis, plasma treatment or other thermal treatment facility whose main result is to transform residual hazardous materials into gas, ash, pyrolyticcoal or pyrolytic oil.

(37) FINAL DISPOSAL AND THERMAL TREATMENT OF CONTAMINATED SOILS

The following projects are subject to the procedure:

(1) the establishment or expansion of a landfill site used in whole or in part as a final disposal site of soils containing one or more substances whose concentration exceeds the limit values set out in Schedule II to the Land Protection and Rehabilitation Regulation (chapter Q-2, r. 37) as well as the final disposal of such soils in a disposal site already established and for which no prior authorization was required under the Act to allow the disposal;

(2) the installation of facilities used in whole or in part for the thermal treatment of soils containing any of the following materials:

(a) more than 1,500 mg of organochlorines per kilogram of soil;

(b) more than 50 mg of polychlorinated biphenyl(s) (PCB) per kilogram of soil;

(c) a total concentration of dioxins and furans greater than 5 μg per kilogram of soil (expressed in 2,3,7,8-TCDD toxic equivalents).

For the purposes of subparagraph 1 of the first paragraph, the expansion of a disposal site used for the final disposal of soils includes any modification to increase the disposal capacity of that site.

The establishment or expansion, on land, of a disposal site used exclusively for the final deposit of contaminated soils extracted from that land or of soils containing one or more substances from that land in the course of rehabilitation work carried out in accordance with Division IV.2.1 of Chapter IV of Title I of the Act.

The following installations are exempt from the application of subparagraph 2 of the first paragraph:

(1) the installation of an in situ thermal treatment unit;

(2) the installation of mobile facilities used exclusively for the thermal treatment of contaminated soils on the land from which they are extracted or on land located within a radius of 500 m from that land in the course of rehabilitation work carried out in accordance with Division IV.2.1 of Chapter IV of Title I of the Act.

For the purposes of this section, soil analyses for determining the composition must be carried out by an accredited laboratory in accordance with Chapter XI of Title I of the Act.

(38) EMISSIONS OF CERTAIN GREENHOUSE GASES

The following projects are subject to the procedure:

(1) the construction of a plant or any other type of establishment or installation that, once in operation, would produce emissions attributable to fixed processes or combustion, other than those that would result from mobile equipment, that could reach 100,000 metric tons or more per year of greenhouse gas expressed in CO2 equivalents;

(2) any modification to a plant or any other type of establishment or installation in operation that would produce process or combustion emissions, other than those that would result from mobile equipment, an additional 100,000 metric tons or more of greenhouse gas expressed in CO2 equivalents per year.

(39) ENERGY STORAGE EQUIPMENT

The following projects are subject to the procedure:

(1) the construction of a plant whose maximum annual production capacity would be equal to or greater than 60,000 metric tons by performing any of the following activities for the purpose of manufacturing cells, electrochemical accumulators or batteries:

(a) the manufacturing of blended active electrodes materials;

(b) the manufacturing of separators;

(2) an increase of the maximum annual production capacity of a plant referred to in subparagraph 1 that would reach or exceed a capacity referred to in that subparagraph;

(3) in the case of a plant whose maximum annual production capacity is equal to or greater than a capacity referred to in subparagraph 1:

(a) any increase of 50% or more of that capacity;

(b) any increase of that capacity that results in an expansion of 25% or more of the plant operation area.

Subparagraph 2 of the first paragraph does not apply to a plant existing on 20 July 2023. For those plants, any project to increase the maximum annual production capacity by 50% or more, that would reach or exceed a capacity referred to in subparagraph 1 of the first paragraph, is subject to the procedure.

MISCELLANEOUS

A project for the construction of an establishment or the installation of equipment for assessing the performance of a new technology or a new method of operation is exempt from the application of sections 8, 12, 14 to 21, 23 to 29, 33, 36 and subparagraph 2 of the first paragraph of section 37 of Part II of this Schedule, to the extent that

(1) the construction or equipment would be situated on the site of an existing industrial establishment or within an industrial use area determined in the land use planning and development plan applicable to the territory concerned;

(2) the project requires the Minister’s authorization under subdivision 1 of Division II of Chapter IV of Title I of the Act.

The application for authorization of the project made to the Minister must be accompanied, in addition to the information and documents provided for in section 23 of the Act, by an experimental protocol describing, in particular, the nature, extent and objectives of the research and experimental project, its anticipated impact on the environment and, where applicable, required measures for the protection of the environment and the follow-up of impact.

The third and fourth paragraphs of section 29 of the Act apply, with the necessary modifications, to the processing of such an application for authorization.

287-2018O.C. 287-2018, Sch. 1; I.N. 2018-04-01; 908-2020O.C. 908-2020, s. 111; 871-2020O.C. 871-2020, s. 11; S.Q. 2022, c. 10, s. 108; 1461-2022O.C. 1461-2022, s. 11; 1031-2023O.C. 1031-2023, s. 111; I.N. 2024-01-01.

2023-07-20 Show full text at this date