Q-2, r. 23 - Regulation respecting environmental impact assessment and review

Section 2 Disposition versions

2016-01-14

2. List: The constructions, works, plans, programs, operations and activities described below are subject to the environmental impact assessment and review procedure provided for in Division IV.1 of the Act and must be the subject of a certificate of authorization issued by the Government in accordance with section 31.5 of the Act:

(a)  the construction and subsequent operation of a dam or dike located at the outflow point of a lake whose total surface area exceeds or will exceed 200,000 m2, or a dam or dike intended to create a reservoir whose total surface area exceeds 50,000 m2;

(b)  any program or project involving the dredging, digging, filling, levelling off or backfilling, for any purpose whatsoever, of a watercourse referred to in Schedule A or of a lake, within the 2-year flood line, over a distance of 300 m or more or an area of 5,000 m2 or more, and any program or project involving the dredging, digging, filling, levelling off or backfilling, for any purpose whatsoever, cumulatively equalling or exceeding the above limits for the same watercourse referred to in Schedule A or the same lake, except work on a river that drains a watershed of less than 25 km2, surface or underground drainage works on the flood plain of a watercourse referred to in Schedule A, construction of a levy on private agricultural land in the flood plain of a watercourse referred to in Schedule A to protect the land from flooding, as well as work carried out on a river in accordance with a deed of agreement, regulation or by-law or municipal procès-verbal in force before 30 December 1980. If the 2-year flood line cannot be established using the available information, it is to be determined using any relevant element, but giving preference to the botanical criteria referred to in the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35) to establish the natural high-water mark;

(c)  the rerouting or diverting of a river;

(d)  the construction or enlargement of a port or wharf, or a modification in the use of a port or wharf, except in the case of a port or wharf intended for fewer than 100 pleasure or fishing craft;

(e)  the construction, rebuilding or widening, along more than 1 km, of a road or other public road infrastructure designed for 4 or more lanes of traffic or having a right-of-way whose average width is 35 m or more, except the rebuilding or widening of such a road or road infrastructure in a right-of-way that already belongs to the proponent of the project on 30 December 1980;

(f)  the construction, rebuilding or widening, along more than 2 km, of any road or other road infrastructure intended for forestry, mining or energy operations, expected to be used for 15 years or longer, and resulting in deforestation over an average width of 35 m or more, except the rebuilding or widening of such a road or road infrastructure in a right-of-way that already belongs to the proponent of the project on 30 December 1980;

Not in force

(g)  the construction, rebuilding or widening of a road or other public road infrastructure not referred to in subparagraph e that runs along 300 m or more of the shore of a lake, river or ocean, within 60 m of the shore;

see s. 19

(h)  the establishment of a marshalling yard or railway station and the construction of more than 2 km of railway, except where such works are in an industrial park or on the site of a mining operation in existence on 30 December 1980;

(i)  the establishment or enlargement of an airport, except where the project consists in widening a landing strip, building an airport which has a landing strip less than 1 km long, building an airfield on a frozen lake or constructing administrative buildings or buildings for air traffic control or meteorological study;

(j)  the construction of installations for natural gas regasification or liquefaction, except an installation whose total rated capacity of regasification equipment is less than or equal to 4,000 m3 per day of liquefied natural gas;

(j.1)  the construction:

– of more than 2 km of oil pipeline in a new right of way, except mains for transporting petroleum products under a municipal street;

– of more than 2 km of gas pipeline except the gas pipeline installed in an existing right of way used for the same purposes, or the installation of gas mains less than 30 cm in diameter designed for a pressure of less than 4,000 kPa;

the construction of a gas pipeline more than 2 km in length. Excluded are the construction of such a gas pipeline in an existing right of way used for the same purposes, and the installation of gas mains less than 30 cm in diameter designed for a pressure of less than 4,000 kPa;

(k)  the construction or relocation of an electric power transmission line of 315 kV or more over a distance of more than 2 km and the construction or relocation of a control and transformer station of 315 kV or more;

(l)  the construction, reconstruction and subsequent operation

—  of a hydroelectric generating station or fossil fuel-fired generating station with a capacity that exceeds 5 MW;

— of any other electric power generating station with a capacity that exceeds 10 MW, except a nuclear generating station contemplated by subparagraph m;

subject to the provisions of the second paragraph of this section, any increase in the capacity of a hydroelectric generating station or fossil fuel-fired generating station with a capacity that exceeded 5 MW before the increase or that exceeds 5 MW as a result of the capacity increase, or any increase in the capacity of any other generating station contemplated by this subparagraph whose capacity exceeded 10 MW before the increase or that exceeds 10 MW as a result of the capacity increase;

the addition of a turboalternator to a boiler that had not been previously used to produce electric power if the capacity of the alternator exceeds 5 MW in the case of a boiler burning fossil fuels or exceeds 10 MW in all other cases contemplated by this subparagraph.

For the purposes of this subparagraph, the capacity of a generating station is the total rated capacities of its production equipment based on the following:

—  the capacity of a hydroelectric generating station is the rated capacity of the alternator of the turboalternator at a water temperature of 15 ºC;

— the capacity of a thermal generating station is the rated capacity of such an alternator at an air temperature of 15 ºC and an atmospheric pressure of 1 bar;

— the capacity of a wind generating station is equal to the total of the rated capacities of all the aerogenerators with which the windmills are equipped. The maximum number of windmills that the wind generating station should comprise is the number used to establish that capacity;

(m)  the construction or enlargement of a nuclear fission or fusion establishment, a plant that manufactures, processes or reprocesses nuclear fuel, or a disposal or storage site for radioactive waste;

(n)  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.

Excluded is the construction of a facility mentioned above, where such facility is located on the premises of an existing oil refinery or petrochemical plant;

(n.1)  the construction of a mill within the meaning of the Regulation respecting pulp and paper mills (chapter Q-2, r. 27).

Excluded is the construction of a de-inking plant on the premises of an existing mill;

(n.2)  the construction of a dismembering plant;

(n.3)  the construction of a mill that produces metals, metal alloys or metalloids and has an annual production capacity of 20,000 metric tons or more;

(n.4)  the construction of a cement plant or a slaked lime plant;

(n.5)  the construction of an explosives plant;

(n.6)  the construction of a chemical plant that has an annual production capacity of 100,000 metric tons or more.

Excluded is such construction where it is located on the premises of an existing plant that is to use the entire production of the new plant;

(n.7)  the construction of a heavy water plant;

(n.8)  the construction of an ore processing plant for:

— metalliferous ore or asbestos ore, where the processing capacity of the plant is 2 000 metric tons or more per day, except in the case of rare earth deposits;

— uranium ore;

— rare earth ore;

— any other ore, where the processing capacity of the plant is 500 metric tons or more per day;

(n.9)  the construction of a metal products processing plant that has an annual production capacity of 20,000 metric tons or more;

(n.10)  the construction of a mill that produces chipboard from wood fibre and has an annual production capacity of 50,000 m3 or more;

(n.11)  the construction of a plant that manufactures vehicles or aircraft, including parts for such vehicles, and has an annual production capacity of 100,000 metric tons or more;

(o)  the construction or enlargement of one or more buildings in a livestock operation whose total number will equal or exceed 600 animal units in the case of liquid manure production or 1,000 animal units in the case of semi-solid or solid manure production within the meaning of the definitions in section 1 of the Draft Regulation respecting livestock operations published in the Gazette officielle du Québec of 28 May 1979, p. 3159;

(p)  the opening and operation of:

— a metals mine or an asbestos mine that has a production capacity of 2 000 metric tons or more per day, except in the case of rare earths;

— a uranium mine;

— a rare earth mine;

— any other mine that has a production capacity of 500 metric tons or more per day.

Excluded are works subject to the Regulation respecting petroleum, natural gas, brine and underground reservoirs, (O.C. 1539-88, 88-10-12), and not otherwise referred to in this Regulation.

Also excluded are quarries and sand pits within the meaning of the Regulation respecting pits and quarries (chapter Q-2, r. 7).

“Mine” means all the surface and underground infrastructures used for the extraction of ore;

(q)  any program or project for aerial pesticide spraying for non-agricultural purposes over an area of 600 ha or more, except the spraying of an insecticide the only active ingredient of which is Bacillus thuringiensis (subsp. kurstaki) and experimental insecticide spraying over a forested region, involving a new technique of application over a total area of less than 5,000 ha;

(r)  the construction of an incineration facility governed by Chapter III of the Regulation respecting the landfilling and incineration of residual materials (chapter Q-2, r. 19) with a capacity of 2 metric tons or more per hour, an increase in the incinerating capacity of such a facility or an alteration to such an incineration facility increasing its capacity to 2 metric tons or more per hour;

(r.1)  the construction of an incinerator wholly or partly intended for biomedical waste within the meaning of section 1 of the Regulation respecting biomedical waste (chapter Q-2, r. 12), or any alteration aimed at increasing the incinerating capacity of such an incinerator by more than 10%;

(s)  the establishment of one or more reservoirs with a total storage capacity of over 10,000 kl intended to hold a liquid or gaseous substance other than water, food or liquid waste from a livestock operation not referred to in subparagraph o;

(t)  the installation or use of facilities used in whole or in part for the incineration of residual hazardous materials within the meaning of section 5 of the Regulation respecting hazardous materials (chapter Q-2, r. 32);

(u)  the installation or use of facilities used in whole or in part for energy generation or pyrolysis of residual hazardous materials within the meaning of section 5 of the Regulation respecting hazardous materials, in a site other than the one where those materials were produced or used;

(u.1)  the establishment or enlargement

— of an engineered landfill referred to in Division 2 of Chapter II of the Regulation respecting the landfilling and incineration of residual materials used in whole or in part for the final deposit of household garbage collected by or for a municipality;

— of a construction or demolition waste landfill referred to in the second paragraph of section 102 of that Regulation.

For the purposes of this subparagraph, the enlargement of a landfill includes any alteration that results in an increase in landfill capacity;

(v)  the establishment or enlargement of a site used in whole or in part for the final deposit of hazardous materials within the meaning of paragraph 21 of section 1 of the Environment Quality Act (chapter Q-2) or for the final deposit of materials from the treatment of residual hazardous materials. For the purposes of this subparagraph, the enlargement of a site used for the final deposit of such materials includes any alteration resulting in an increase in the capacity of the site;

The following is not subject to the application of this subparagraph:

— the establishment or enlargement, on a lot, of a site used exclusively for the final deposit of residual hazardous materials extracted from that lot in the course of rehabilitation work authorized under the Act for sites used before 26 June 1985 for the deposit of such materials;

— any storage site established before 1 December 1997 which becomes a final deposit site established in accordance with section 145 or 146 of the Regulation respecting hazardous materials;

(w)  the installation or use of facilities used, in whole or in part, for the treatment outside their production location of residual hazardous materials within the meaning of section 5 of the Regulation respecting hazardous materials, for the purposes of elimination by final deposit or incineration.

For the purposes of this subparagraph, any treatment process for which there is no existing market for all or part of the products derived from the process is considered a treatment for elimination purposes.

For the purposes of this subparagraph, anyone who, in the same field of activity, produces residual hazardous materials on more than one production site in Québec is deemed to treat the materials on the site where they are produced if one of those production sites is used to treat the materials;

(x)  the establishment or enlargement of a site used in whole or in part for the final deposit of soils containing one or more substances in a concentration exceeding the limit values determined in Schedule C, as well as the final deposit of such soils in an elimination site already established and for which no certificate of authorization has been issued for the deposit. For the purposes of this subparagraph, the enlargement of a site used for the final deposit of the above-mentioned soils includes any alteration resulting in an increase in the depository capacity of the site.

This subparagraph does not include the establishment or enlargement, on a piece of land, of a site used exclusively for the final deposit of contaminated soils extracted from that land in the course of rehabilitation work authorized under the Act;

(y)  the installation or use of facilities used in whole or in part for the heat treatment of soils containing

— more than 1,500 mg of organochlorines per kilogram of soil;

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

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

The projects listed in this section do not, however, include the restoration or repair of works or constructions on land, or the replacement or modification of technical equipment incidental to works or constructions, except an enlargement expressly referred to in a subparagraph of the first paragraph.

The projects listed in subparagraphs a and b of this section do not include wildlife development projects prepared with a view to conserving the biodiversity of a site, except if they must be carried out, wholly or partially, with dredged sediments not originating at the site.

The projects listed in subparagraphs n to n.11 of this section also exclude the construction of a pilot plant on the premises of an existing industrial facility or another existing establishment. For the purposes of this section, a pilot plant is any establishment

— set up and operated under an experimental project; and

— comprising small-scale facilities intended for the use, evaluation and development of innovative manufacturing techniques and methods.

For the purposes of subparagraphs x and y of this section, analyses to determine the composition of soils shall be made by a laboratory accredited by the Minister of Sustainable Development, Environment and Parks under section 118.6 of the Act.

A project involving several elements referred to in this section comprises a single project under a single environmental impact assessment statement and a single application for a certificate of authorization.

R.R.Q., 1981, c. Q-2, r. 9, s. 2; O.C. 1002-85, s. 1; O.C. 586-92, s. 1; O.C. 1529-93, s. 18; O.C. 101-96, s. 1; O.C. 1310-97, s. 155; O.C. 1514-97, s. 1; O.C. 856-99, s. 1; O.C. 1031-2000, s. 1; O.C. 1552-2001, s. 1; O.C. 119-2002, s. 1; O.C. 1252-2005, s. 1; O.C. 451-2005, s. 177; O.C. 320-2006, s. 3; O.C. 808-2007, s. 143; S.Q. 2013, c. 32, s. 118; O.C. 1137-2015, s. 1.

2013-12-10

2. List: The constructions, works, plans, programs, operations and activities described below are subject to the environmental impact assessment and review procedure provided for in Division IV.1 of the Act and must be the subject of a certificate of authorization issued by the Government in accordance with section 31.5 of the Act:

(a)  the construction and subsequent operation of a dam or dike located at the outflow point of a lake whose total surface area exceeds or will exceed 200,000 m2, or a dam or dike intended to create a reservoir whose total surface area exceeds 50,000 m2;

(b)  any program or project involving the dredging, digging, filling, levelling off or backfilling, for any purpose whatsoever, of a watercourse referred to in Schedule A or of a lake, within the 2-year flood line, over a distance of 300 m or more or an area of 5,000 m2 or more, and any program or project involving the dredging, digging, filling, levelling off or backfilling, for any purpose whatsoever, cumulatively equalling or exceeding the above limits for the same watercourse referred to in Schedule A or the same lake, except work on a river that drains a watershed of less than 25 km2, surface or underground drainage works on the flood plain of a watercourse referred to in Schedule A, construction of a levy on private agricultural land in the flood plain of a watercourse referred to in Schedule A to protect the land from flooding, as well as work carried out on a river in accordance with a deed of agreement, regulation or by-law or municipal procès-verbal in force before 30 December 1980. If the 2-year flood line cannot be established using the available information, it is to be determined using any relevant element, but giving preference to the botanical criteria referred to in the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35) to establish the natural high-water mark;

(c)  the rerouting or diverting of a river;

(d)  the construction or enlargement of a port or wharf, or a modification in the use of a port or wharf, except in the case of a port or wharf intended for fewer than 100 pleasure or fishing craft;

(e)  the construction, rebuilding or widening, along more than 1 km, of a road or other public road infrastructure designed for 4 or more lanes of traffic or having a right-of-way whose average width is 35 m or more, except the rebuilding or widening of such a road or road infrastructure in a right-of-way that already belongs to the proponent of the project on 30 December 1980;

(f)  the construction, rebuilding or widening, along more than 2 km, of any road or other road infrastructure intended for forestry, mining or energy operations, expected to be used for 15 years or longer, and resulting in deforestation over an average width of 35 m or more, except the rebuilding or widening of such a road or road infrastructure in a right-of-way that already belongs to the proponent of the project on 30 December 1980;

(g)  the construction, rebuilding or widening of a road or other public road infrastructure not referred to in subparagraph e that runs along 300 m or more of the shore of a lake, river or ocean, within 60 m of the shore; (not in force; see s. 19)

(h)  the establishment of a marshalling yard or railway station and the construction of more than 2 km of railway, except where such works are in an industrial park or on the site of a mining operation in existence on 30 December 1980;

(i)  the establishment or enlargement of an airport, except where the project consists in widening a landing strip, building an airport which has a landing strip less than 1 km long, building an airfield on a frozen lake or constructing administrative buildings or buildings for air traffic control or meteorological study;

(j)  the construction of installations for natural gas gasification or liquefaction and the construction of more than 2 km of oil pipeline in a new right-of-way, except conduits for transporting petroleum products under a municipal street;

the construction of a gas pipeline more than 2 km in length. Excluded are the construction of such a gas pipeline in an existing right of way used for the same purposes, and the installation of gas mains less than 30 cm in diameter designed for a pressure of less than 4,000 kPa;

(k)  the construction or relocation of an electric power transmission line of 315 kV or more over a distance of more than 2 km and the construction or relocation of a control and transformer station of 315 kV or more;

(l)  the construction, reconstruction and subsequent operation

—  of a hydroelectric generating station or fossil fuel-fired generating station with a capacity that exceeds 5 MW;

— of any other electric power generating station with a capacity that exceeds 10 MW, except a nuclear generating station contemplated by subparagraph m;

subject to the provisions of the second paragraph of this section, any increase in the capacity of a hydroelectric generating station or fossil fuel-fired generating station with a capacity that exceeded 5 MW before the increase or that exceeds 5 MW as a result of the capacity increase, or any increase in the capacity of any other generating station contemplated by this subparagraph whose capacity exceeded 10 MW before the increase or that exceeds 10 MW as a result of the capacity increase;

the addition of a turboalternator to a boiler that had not been previously used to produce electric power if the capacity of the alternator exceeds 5 MW in the case of a boiler burning fossil fuels or exceeds 10 MW in all other cases contemplated by this subparagraph.

For the purposes of this subparagraph, the capacity of a generating station is the total rated capacities of its production equipment based on the following:

—  the capacity of a hydroelectric generating station is the rated capacity of the alternator of the turboalternator at a water temperature of 15 ºC;

— the capacity of a thermal generating station is the rated capacity of such an alternator at an air temperature of 15 ºC and an atmospheric pressure of 1 bar;

— the capacity of a wind generating station is equal to the total of the rated capacities of all the aerogenerators with which the windmills are equipped. The maximum number of windmills that the wind generating station should comprise is the number used to establish that capacity;

(m)  the construction or enlargement of a nuclear fission or fusion establishment, a plant that manufactures, processes or reprocesses nuclear fuel, or a disposal or storage site for radioactive waste;

(n)  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.

Excluded is the construction of a facility mentioned above, where such facility is located on the premises of an existing oil refinery or petrochemical plant;

(n.1)  the construction of a mill within the meaning of the Regulation respecting pulp and paper mills (chapter Q-2, r. 27).

Excluded is the construction of a de-inking plant on the premises of an existing mill;

(n.2)  the construction of a dismembering plant;

(n.3)  the construction of a mill that produces metals, metal alloys or metalloids and has an annual production capacity of 20,000 metric tons or more;

(n.4)  the construction of a cement plant or a slaked lime plant;

(n.5)  the construction of an explosives plant;

(n.6)  the construction of a chemical plant that has an annual production capacity of 100,000 metric tons or more.

Excluded is such construction where it is located on the premises of an existing plant that is to use the entire production of the new plant;

(n.7)  the construction of a heavy water plant;

(n.8)  the construction of an ore processing plant for:

— metalliferous ore or asbestos ore, where the processing capacity of the plant is 2 000 metric tons or more per day, except in the case of rare earth deposits;

— uranium ore;

— rare earth ore;

— any other ore, where the processing capacity of the plant is 500 metric tons or more per day;

(n.9)  the construction of a metal products processing plant that has an annual production capacity of 20,000 metric tons or more;

(n.10)  the construction of a mill that produces chipboard from wood fibre and has an annual production capacity of 50,000 m3 or more;

(n.11)  the construction of a plant that manufactures vehicles or aircraft, including parts for such vehicles, and has an annual production capacity of 100,000 metric tons or more;

(o)  the construction or enlargement of one or more buildings in a livestock operation whose total number will equal or exceed 600 animal units in the case of liquid manure production or 1,000 animal units in the case of semi-solid or solid manure production within the meaning of the definitions in section 1 of the Draft Regulation respecting livestock operations published in the Gazette officielle du Québec of 28 May 1979, p. 3159;

(p)  the opening and operation of:

— a metals mine or an asbestos mine that has a production capacity of 2 000 metric tons or more per day, except in the case of rare earths;

— a uranium mine;

— a rare earth mine;

— any other mine that has a production capacity of 500 metric tons or more per day.

Excluded are works subject to the Regulation respecting petroleum, natural gas, brine and underground reservoirs, (O.C. 1539-88, 88-10-12), and not otherwise referred to in this Regulation.

Also excluded are quarries and sand pits within the meaning of the Regulation respecting pits and quarries (chapter Q-2, r. 7).

“Mine” means all the surface and underground infrastructures used for the extraction of ore;

(q)  any program or project for aerial pesticide spraying for non-agricultural purposes over an area of 600 ha or more, except the spraying of an insecticide the only active ingredient of which is Bacillus thuringiensis (subsp. kurstaki) and experimental insecticide spraying over a forested region, involving a new technique of application over a total area of less than 5,000 ha;

(r)  the construction of an incineration facility governed by Chapter III of the Regulation respecting the landfilling and incineration of residual materials (chapter Q-2, r. 19) with a capacity of 2 metric tons or more per hour, an increase in the incinerating capacity of such a facility or an alteration to such an incineration facility increasing its capacity to 2 metric tons or more per hour;

(r.1)  the construction of an incinerator wholly or partly intended for biomedical waste within the meaning of section 1 of the Regulation respecting biomedical waste (chapter Q-2, r. 12), or any alteration aimed at increasing the incinerating capacity of such an incinerator by more than 10%;

(s)  the establishment of one or more reservoirs with a total storage capacity of over 10,000 kl intended to hold a liquid or gaseous substance other than water, food or liquid waste from a livestock operation not referred to in subparagraph o;

(t)  the installation or use of facilities used in whole or in part for the incineration of residual hazardous materials within the meaning of section 5 of the Regulation respecting hazardous materials (chapter Q-2, r. 32);

(u)  the installation or use of facilities used in whole or in part for energy generation or pyrolysis of residual hazardous materials within the meaning of section 5 of the Regulation respecting hazardous materials, in a site other than the one where those materials were produced or used;

(u.1)  the establishment or enlargement

— of an engineered landfill referred to in Division 2 of Chapter II of the Regulation respecting the landfilling and incineration of residual materials used in whole or in part for the final deposit of household garbage collected by or for a municipality;

— of a construction or demolition waste landfill referred to in the second paragraph of section 102 of that Regulation.

For the purposes of this subparagraph, the enlargement of a landfill includes any alteration that results in an increase in landfill capacity;

(v)  the establishment or enlargement of a site used in whole or in part for the final deposit of hazardous materials within the meaning of paragraph 21 of section 1 of the Environment Quality Act (chapter Q-2) or for the final deposit of materials from the treatment of residual hazardous materials. For the purposes of this subparagraph, the enlargement of a site used for the final deposit of such materials includes any alteration resulting in an increase in the capacity of the site;

The following is not subject to the application of this subparagraph:

— the establishment or enlargement, on a lot, of a site used exclusively for the final deposit of residual hazardous materials extracted from that lot in the course of rehabilitation work authorized under the Act for sites used before 26 June 1985 for the deposit of such materials;

— any storage site established before 1 December 1997 which becomes a final deposit site established in accordance with section 145 or 146 of the Regulation respecting hazardous materials;

(w)  the installation or use of facilities used, in whole or in part, for the treatment outside their production location of residual hazardous materials within the meaning of section 5 of the Regulation respecting hazardous materials, for the purposes of elimination by final deposit or incineration.

For the purposes of this subparagraph, any treatment process for which there is no existing market for all or part of the products derived from the process is considered a treatment for elimination purposes.

For the purposes of this subparagraph, anyone who, in the same field of activity, produces residual hazardous materials on more than one production site in Québec is deemed to treat the materials on the site where they are produced if one of those production sites is used to treat the materials;

(x)  the establishment or enlargement of a site used in whole or in part for the final deposit of soils containing one or more substances in a concentration exceeding the limit values determined in Schedule C, as well as the final deposit of such soils in an elimination site already established and for which no certificate of authorization has been issued for the deposit. For the purposes of this subparagraph, the enlargement of a site used for the final deposit of the above-mentioned soils includes any alteration resulting in an increase in the depository capacity of the site.

This subparagraph does not include the establishment or enlargement, on a piece of land, of a site used exclusively for the final deposit of contaminated soils extracted from that land in the course of rehabilitation work authorized under the Act;

(y)  the installation or use of facilities used in whole or in part for the heat treatment of soils containing

— more than 1,500 mg of organochlorines per kilogram of soil;

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

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

The projects listed in this section do not, however, include the restoration or repair of works or constructions on land, or the replacement or modification of technical equipment incidental to works or constructions, except an enlargement expressly referred to in a subparagraph of the first paragraph.

The projects listed in subparagraphs a and b of this section do not include wildlife development projects prepared with a view to conserving the biodiversity of a site, except if they must be carried out, wholly or partially, with dredged sediments not originating at the site.

The projects listed in subparagraphs n to n.11 of this section also exclude the construction of a pilot plant on the premises of an existing industrial facility or another existing establishment. For the purposes of this section, a pilot plant is any establishment

— set up and operated under an experimental project; and

— comprising small-scale facilities intended for the use, evaluation and development of innovative manufacturing techniques and methods.

For the purposes of subparagraphs x and y of this section, analyses to determine the composition of soils shall be made by a laboratory accredited by the Minister of Sustainable Development, Environment and Parks under section 118.6 of the Act.

A project involving several elements referred to in this section comprises a single project under a single environmental impact assessment statement and a single application for a certificate of authorization.

R.R.Q., 1981, c. Q-2, r. 9, s. 2; O.C. 1002-85, s. 1; O.C. 586-92, s. 1; O.C. 1529-93, s. 18; O.C. 101-96, s. 1; O.C. 1310-97, s. 155; O.C. 1514-97, s. 1; O.C. 856-99, s. 1; O.C. 1031-2000, s. 1; O.C. 1552-2001, s. 1; O.C. 119-2002, s. 1; O.C. 1252-2005, s. 1; O.C. 451-2005, s. 177; O.C. 320-2006, s. 3; O.C. 808-2007, s. 143; S.Q. 2013, c. 32, s. 118.

2012-09-01

2. List: The constructions, works, plans, programs, operations and activities described below are subject to the environmental impact assessment and review procedure provided for in Division IV.1 of the Act and must be the subject of a certificate of authorization issued by the Government in accordance with section 31.5 of the Act:

(a)  the construction and subsequent operation of a dam or dike located at the outflow point of a lake whose total surface area exceeds or will exceed 200,000 m2, or a dam or dike intended to create a reservoir whose total surface area exceeds 50,000 m2;

(b)  any program or project involving the dredging, digging, filling, levelling off or backfilling, for any purpose whatsoever, of a watercourse referred to in Schedule A or of a lake, within the 2-year flood line, over a distance of 300 m or more or an area of 5,000 m2 or more, and any program or project involving the dredging, digging, filling, levelling off or backfilling, for any purpose whatsoever, cumulatively equalling or exceeding the above limits for the same watercourse referred to in Schedule A or the same lake, except work on a river that drains a watershed of less than 25 km2, surface or underground drainage works on the flood plain of a watercourse referred to in Schedule A, construction of a levy on private agricultural land in the flood plain of a watercourse referred to in Schedule A to protect the land from flooding, as well as work carried out on a river in accordance with a deed of agreement, regulation or by-law or municipal procès-verbal in force before 30 December 1980. If the 2-year flood line cannot be established using the available information, it is to be determined using any relevant element, but giving preference to the botanical criteria referred to in the Protection Policy for Lakeshores, Riverbanks, Littoral Zones and Floodplains (chapter Q-2, r. 35) to establish the natural high-water mark;

(c)  the rerouting or diverting of a river;

(d)  the construction or enlargement of a port or wharf, or a modification in the use of a port or wharf, except in the case of a port or wharf intended for fewer than 100 pleasure or fishing craft;

(e)  the construction, rebuilding or widening, along more than 1 km, of a road or other public road infrastructure designed for 4 or more lanes of traffic or having a right-of-way whose average width is 35 m or more, except the rebuilding or widening of such a road or road infrastructure in a right-of-way that already belongs to the proponent of the project on 30 December 1980;

(f)  the construction, rebuilding or widening, along more than 2 km, of any road or other road infrastructure intended for forestry, mining or energy operations, expected to be used for 15 years or longer, and resulting in deforestation over an average width of 35 m or more, except the rebuilding or widening of such a road or road infrastructure in a right-of-way that already belongs to the proponent of the project on 30 December 1980;

(g)  the construction, rebuilding or widening of a road or other public road infrastructure not referred to in subparagraph e that runs along 300 m or more of the shore of a lake, river or ocean, within 60 m of the shore; (not in force; see s. 19)

(h)  the establishment of a marshalling yard or railway station and the construction of more than 2 km of railway, except where such works are in an industrial park or on the site of a mining operation in existence on 30 December 1980;

(i)  the establishment or enlargement of an airport, except where the project consists in widening a landing strip, building an airport which has a landing strip less than 1 km long, building an airfield on a frozen lake or constructing administrative buildings or buildings for air traffic control or meteorological study;

(j)  the construction of installations for natural gas gasification or liquefaction and the construction of more than 2 km of oil pipeline in a new right-of-way, except conduits for transporting petroleum products under a municipal street;

the construction of a gas pipeline more than 2 km in length. Excluded are the construction of such a gas pipeline in an existing right of way used for the same purposes, and the installation of gas mains less than 30 cm in diameter designed for a pressure of less than 4,000 kPa;

(k)  the construction or relocation of an electric power transmission line of 315 kV or more over a distance of more than 2 km and the construction or relocation of a control and transformer station of 315 kV or more;

(l)  the construction, reconstruction and subsequent operation

—  of a hydroelectric generating station or fossil fuel-fired generating station with a capacity that exceeds 5 MW;

— of any other electric power generating station with a capacity that exceeds 10 MW, except a nuclear generating station contemplated by subparagraph m;

subject to the provisions of the second paragraph of this section, any increase in the capacity of a hydroelectric generating station or fossil fuel-fired generating station with a capacity that exceeded 5 MW before the increase or that exceeds 5 MW as a result of the capacity increase, or any increase in the capacity of any other generating station contemplated by this subparagraph whose capacity exceeded 10 MW before the increase or that exceeds 10 MW as a result of the capacity increase;

the addition of a turboalternator to a boiler that had not been previously used to produce electric power if the capacity of the alternator exceeds 5 MW in the case of a boiler burning fossil fuels or exceeds 10 MW in all other cases contemplated by this subparagraph.

For the purposes of this subparagraph, the capacity of a generating station is the total rated capacities of its production equipment based on the following:

—  the capacity of a hydroelectric generating station is the rated capacity of the alternator of the turboalternator at a water temperature of 15 ºC;

— the capacity of a thermal generating station is the rated capacity of such an alternator at an air temperature of 15 ºC and an atmospheric pressure of 1 bar;

— the capacity of a wind generating station is equal to the total of the rated capacities of all the aerogenerators with which the windmills are equipped. The maximum number of windmills that the wind generating station should comprise is the number used to establish that capacity;

(m)  the construction or enlargement of a nuclear fission or fusion establishment, a plant that manufactures, processes or reprocesses nuclear fuel, or a disposal or storage site for radioactive waste;

(n)  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.

Excluded is the construction of a facility mentioned above, where such facility is located on the premises of an existing oil refinery or petrochemical plant;

(n.1)  the construction of a mill within the meaning of the Regulation respecting pulp and paper mills (chapter Q-2, r. 27).

Excluded is the construction of a de-inking plant on the premises of an existing mill;

(n.2)  the construction of a dismembering plant;

(n.3)  the construction of a mill that produces metals, metal alloys or metalloids and has an annual production capacity of 20,000 metric tons or more;

(n.4)  the construction of a cement plant or a slaked lime plant;

(n.5)  the construction of an explosives plant;

(n.6)  the construction of a chemical plant that has an annual production capacity of 100,000 metric tons or more.

Excluded is such construction where it is located on the premises of an existing plant that is to use the entire production of the new plant;

(n.7)  the construction of a heavy water plant;

(n.8)  the construction of an ore processing plant for:

— metalliferous ore or asbestos ore, where the processing capacity of the plant is 7,000 metric tons or more per day;

— uranium ore;

— any other ore, where the processing capacity of the plant is 500 metric tons or more per day;

(n.9)  the construction of a metal products processing plant that has an annual production capacity of 20,000 metric tons or more;

(n.10)  the construction of a mill that produces chipboard from wood fibre and has an annual production capacity of 50,000 m3 or more;

(n.11)  the construction of a plant that manufactures vehicles or aircraft, including parts for such vehicles, and has an annual production capacity of 100,000 metric tons or more;

(o)  the construction or enlargement of one or more buildings in a livestock operation whose total number will equal or exceed 600 animal units in the case of liquid manure production or 1,000 animal units in the case of semi-solid or solid manure production within the meaning of the definitions in section 1 of the Draft Regulation respecting livestock operations published in the Gazette officielle du Québec of 28 May 1979, p. 3159;

(p)  the opening and operation of:

— a metals mine or an asbestos mine that has a production capacity of 7,000 metric tons or more per day;

— a uranium mine;

— any other mine that has a production capacity of 500 metric tons or more per day.

Excluded are works subject to the Regulation respecting petroleum, natural gas, brine and underground reservoirs, (O.C. 1539-88, 88-10-12), and not otherwise referred to in this Regulation.

Also excluded are quarries and sand pits within the meaning of the Regulation respecting pits and quarries (chapter Q-2, r. 7).

“Mine” means all the surface and underground infrastructures used for the extraction of ore;

(q)  any program or project for aerial pesticide spraying for non-agricultural purposes over an area of 600 ha or more, except the spraying of an insecticide the only active ingredient of which is Bacillus thuringiensis (subsp. kurstaki) and experimental insecticide spraying over a forested region, involving a new technique of application over a total area of less than 5,000 ha;

(r)  the construction of an incineration facility governed by Chapter III of the Regulation respecting the landfilling and incineration of residual materials (chapter Q-2, r. 19) with a capacity of 2 metric tons or more per hour, an increase in the incinerating capacity of such a facility or an alteration to such an incineration facility increasing its capacity to 2 metric tons or more per hour;

(r.1)  the construction of an incinerator wholly or partly intended for biomedical waste within the meaning of section 1 of the Regulation respecting biomedical waste (chapter Q-2, r. 12), or any alteration aimed at increasing the incinerating capacity of such an incinerator by more than 10%;

(s)  the establishment of one or more reservoirs with a total storage capacity of over 10,000 kl intended to hold a liquid or gaseous substance other than water, food or liquid waste from a livestock operation not referred to in subparagraph o;

(t)  the installation or use of facilities used in whole or in part for the incineration of residual hazardous materials within the meaning of section 5 of the Regulation respecting hazardous materials (chapter Q-2, r. 32);

(u)  the installation or use of facilities used in whole or in part for energy generation or pyrolysis of residual hazardous materials within the meaning of section 5 of the Regulation respecting hazardous materials, in a site other than the one where those materials were produced or used;

(u.1)  the establishment or enlargement

— of an engineered landfill referred to in Division 2 of Chapter II of the Regulation respecting the landfilling and incineration of residual materials used in whole or in part for the final deposit of household garbage collected by or for a municipality;

— of a construction or demolition waste landfill referred to in the second paragraph of section 102 of that Regulation.

For the purposes of this subparagraph, the enlargement of a landfill includes any alteration that results in an increase in landfill capacity;

(v)  the establishment or enlargement of a site used in whole or in part for the final deposit of hazardous materials within the meaning of paragraph 21 of section 1 of the Environment Quality Act (chapter Q-2) or for the final deposit of materials from the treatment of residual hazardous materials. For the purposes of this subparagraph, the enlargement of a site used for the final deposit of such materials includes any alteration resulting in an increase in the capacity of the site;

The following is not subject to the application of this subparagraph:

— the establishment or enlargement, on a lot, of a site used exclusively for the final deposit of residual hazardous materials extracted from that lot in the course of rehabilitation work authorized under the Act for sites used before 26 June 1985 for the deposit of such materials;

— any storage site established before 1 December 1997 which becomes a final deposit site established in accordance with section 145 or 146 of the Regulation respecting hazardous materials;

(w)  the installation or use of facilities used, in whole or in part, for the treatment outside their production location of residual hazardous materials within the meaning of section 5 of the Regulation respecting hazardous materials, for the purposes of elimination by final deposit or incineration.

For the purposes of this subparagraph, any treatment process for which there is no existing market for all or part of the products derived from the process is considered a treatment for elimination purposes.

For the purposes of this subparagraph, anyone who, in the same field of activity, produces residual hazardous materials on more than one production site in Québec is deemed to treat the materials on the site where they are produced if one of those production sites is used to treat the materials;

(x)  the establishment or enlargement of a site used in whole or in part for the final deposit of soils containing one or more substances in a concentration exceeding the limit values determined in Schedule C, as well as the final deposit of such soils in an elimination site already established and for which no certificate of authorization has been issued for the deposit. For the purposes of this subparagraph, the enlargement of a site used for the final deposit of the above-mentioned soils includes any alteration resulting in an increase in the depository capacity of the site.

This subparagraph does not include the establishment or enlargement, on a piece of land, of a site used exclusively for the final deposit of contaminated soils extracted from that land in the course of rehabilitation work authorized under the Act;

(y)  the installation or use of facilities used in whole or in part for the heat treatment of soils containing

— more than 1,500 mg of organochlorines per kilogram of soil;

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

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

The projects listed in this section do not, however, include the restoration or repair of works or constructions on land, or the replacement or modification of technical equipment incidental to works or constructions, except an enlargement expressly referred to in a subparagraph of the first paragraph.

The projects listed in subparagraphs a and b of this section do not include wildlife development projects prepared with a view to conserving the biodiversity of a site, except if they must be carried out, wholly or partially, with dredged sediments not originating at the site.

The projects listed in subparagraphs n to n.11 of this section also exclude the construction of a pilot plant on the premises of an existing industrial facility or another existing establishment. For the purposes of this section, a pilot plant is any establishment

— set up and operated under an experimental project; and

— comprising small-scale facilities intended for the use, evaluation and development of innovative manufacturing techniques and methods.

For the purposes of subparagraphs x and y of this section, analyses to determine the composition of soils shall be made by a laboratory accredited by the Minister of Sustainable Development, Environment and Parks under section 118.6 of the Act.

A project involving several elements referred to in this section comprises a single project under a single environmental impact assessment statement and a single application for a certificate of authorization.

R.R.Q., 1981, c. Q-2, r. 9, s. 2; O.C. 1002-85, s. 1; O.C. 586-92, s. 1; O.C. 1529-93, s. 18; O.C. 101-96, s. 1; O.C. 1310-97, s. 155; O.C. 1514-97, s. 1; O.C. 856-99, s. 1; O.C. 1031-2000, s. 1; O.C. 1552-2001, s. 1; O.C. 119-2002, s. 1; O.C. 1252-2005, s. 1; O.C. 451-2005, s. 177; O.C. 320-2006, s. 3; O.C. 808-2007, s. 143.