Q-2, r. 40 - Regulation respecting the quality of drinking water

Section 46 Disposition versions

2021-03-25

46. Every person who contravenes the second paragraph of section 28, the first paragraph of section 33, section 36.1 or the second paragraph of section 44.2 commits an offence and is liable, in the case of a natural person, to a fine of $2,000 to $100,000 or, in other cases, to a fine of $6,000 to $600,000.

Every person who fails

(1)  to make available to the Minister for a period of 10 years, from the date it is signed by a professional, the notice referred to in the second paragraph of section 6,

(2)  to obtain a written access right in the cases and on the conditions provided for in section 9.1,

(3)  to make available to the Minister, for a minimum period of 5 years, a copy of the plan and the document of explanation referred to in section 21.0.1 and including the information provided for in that section,

(4)  to enter each day in a record the information prescribed by the fourth paragraph of section 22 or the second paragraph of section 22.0.2, to sign or keep it for a minimum period of 5 years or to make it available to the Minister,

(4.1)  to keep or to make available to the Minister the record provided for in section 22.0.4 for a minimum period of 15 years,

(5)  to immediately send to the Minister and the public health director the declaration provided for in the fourth paragraph of section 36,

(5.1)  to send to the person in charge of the water withdrawal facility the analysis result provided for in the first paragraph of section 36.0.1 within the periods and on the conditions for sending provided for therein,

(5.2)  to establish the action plan referred to in the first paragraph of section 36.2, in accordance with what is provided for therein, or to update it in accordance with the second paragraph of that section;

(5.3)  to keep the action plan referred to in the third paragraph of section 36.2 or make a copy available to the Minister for a minimum period of 5 years after the completion of the measures provided for therein;

(6)  to make available to the Minister for at least 5 years the attestation referred to in section 53.2,

(7)  to complete or to keep the report referred to in the second paragraph of section 53.3 or to make it available to the Minister for a minimum period of 5 years,

also commits an offence and is liable to the same fines.

O.C. 647-2001, s. 46; O.C. 467-2005, s. 43; O.C. 70-2012, s. 63; O.C. 682-2013, s. 7; O.C. 699-2014, s. 12; O.C. 163-2021, s. 5.

2014-08-14

46. Every person who contravenes the second paragraph of section 28, the first paragraph of section 33, section 36.1 or the second paragraph of section 44.2 commits an offence and is liable, in the case of a natural person, to a fine of $2,000 to $100,000 or, in other cases, to a fine of $6,000 to $600,000.

Every person who fails

(1)  to make available to the Minister for a period of 10 years, from the date it is signed by a professional, the notice referred to in the second paragraph of section 6,

(2)  to obtain a written access right in the cases and on the conditions provided for in section 9.1,

(3)  to make available to the Minister, for a minimum period of 5 years, a copy of the plan and the document of explanation referred to in section 21.0.1 and including the information provided for in that section,

(4)  to enter each day in a record the information prescribed by the fourth paragraph of section 22 or the second paragraph of section 22.0.2, to sign or keep it for a minimum period of 5 years or to make it available to the Minister,

(4.1)  to keep or to make available to the Minister the record provided for in section 22.0.4 for a minimum period of 15 years,

(5)  to immediately send to the Minister and the public health director the declaration provided for in the fourth paragraph of section 36,

(5.1)  to send to the person in charge of the water withdrawal facility the analysis result provided for in the first paragraph of section 36.0.1 within the periods and on the conditions for sending provided for therein,

(6)  to make available to the Minister for at least 5 years the attestation referred to in section 53.2,

(7)  to complete or to keep the report referred to in the second paragraph of section 53.3 or to make it available to the Minister for a minimum period of 5 years,

also commits an offence and is liable to the same fines.

O.C. 647-2001, s. 46; O.C. 467-2005, s. 43; O.C. 70-2012, s. 63; O.C. 682-2013, s. 7; O.C. 699-2014, s. 12.

2013-07-18

46. Every person who contravenes the second paragraph of section 28, the first paragraph of section 33, section 36.1 or the second paragraph of section 44.2 commits an offence and is liable, in the case of a natural person, to a fine of $2,000 to $100,000 or, in other cases, to a fine of $6,000 to $600,000.

Every person who fails

(1)  to make available to the Minister for a period of 10 years, from the date it is signed by a professional, the notice referred to in the second paragraph of section 6,

(2)  to obtain a written access right in the cases and on the conditions provided for in section 9.1,

(3)  to make available to the Minister, for a minimum period of 5 years, a copy of the plan and the document of explanation referred to in section 21.0.1 and including the information provided for in that section,

(4)  to enter daily in a record the information prescribed by the fourth or fifth paragraph of section 22, to sign or keep in paper form for 2 years that record or to make it available to the Minister,

(5)  to immediately send to the Minister and the public health director the declaration provided for in the fourth paragraph of section 36,

(6)  to make available to the Minister for at least 5 years the attestation referred to in section 53.2,

(7)  to complete or to keep the report referred to in the second paragraph of section 53.3 or to make it available to the Minister for a minimum period of 5 years,

also commits an offence and is liable to the same fines.

O.C. 647-2001, s. 46; O.C. 467-2005, s. 43; O.C. 70-2012, s. 63; O.C. 682-2013, s. 7.

2012-09-01

46. In the case of a contravention of any of sections 5 to 9.2, 17, 27, 29, 29.1, 36, 36.1, 39.1 and 42, the person in charge of the distribution system or tank truck, as the case may be, is liable to the fines set out in section 45.

The following persons are also liable to those fines:

(1)  every person who enters false or inaccurate data in a record, report or other document referred to in sections 10.1, 21.0.1, 22, 22.1, 23, 28, the second paragraph of section 30, the first and second paragraphs of section 39, the second paragraph of section 44.3, section 53.2 and the first paragraph of section 53.3, or fails to enter the data prescribed by those sections in those records, reports or documents; and

(2)   every person who contravenes section 44, 44.0.1 or 44.0.2.

O.C. 647-2001, s. 46; O.C. 467-2005, s. 43; O.C. 70-2012, s. 63.