Q-2, r. 5.1 - Regulation respecting the framework for authorization of certain projects to transfer water out of the St. Lawrence River Basin

Section 3 Disposition versions

2020-12-31

3. (Revoked).

O.C. 686-2011, s. 3; I.N. 2019-12-01; O.C. 871-2020, s. 1.

2019-12-01

3. An application for authorization referred to in subparagraph 2 of the first paragraph of section 22 of the Environment Quality Act (chapter Q-2) concerning a transfer out of the Basin of water from a new withdrawal or from an increase in the quantity of water of an existing withdrawal from the St. Lawrence River Basin, must be addressed to the Minister in writing and include the following information and documents:

(1)  the name of the municipality applying for a transfer authorization, the address of its office, the quality of the application’s signatory, the person’s telephone number and electronic mail address, and a certified true copy of the resolution or by-law authorizing the application and its signatory; in the case of a local municipality, situated outside the St. Lawrence River Basin, the name of the regional county municipality that includes the local municipality must be indicated;

(2)  if the applicant is not a municipality;

(a)  the name of the local municipality whose population will be served by the waterworks system supplied by water whose transfer is planned. If the local municipality is situated outside the St. Lawrence River Basin, the name of the regional county municipality that includes the local municipality previously identified must be indicated;

(b)  in the case of a natural person, the person’s name, postal address, electronic mail address and telephone number; in the case of a legal person, partnership or association, its name and the postal address and electronic mail address of its head office, the quality of the application’s signatory and a certified true copy of the deed authorizing the application and its signatory;

(c)  the registration number assigned to the applicant registered in the register of sole proprietorships, partnerships and legal persons;

(d)  a copy of any agreement entered into with the municipality with regard to the ownership or transfer of the waterworks system supplied by water whose transfer is planned, or to the supply of the municipality’s waterworks system;

(3)  a description of the project and its features;

(4)  the use to be made of the water transferred out of the St. Lawrence River Basin;

(5)  concerning the withdrawal site and the transfer location:

(a)  the location of the withdrawal site. If the wells or pumps covered by the application are located at more than one site, the location of each site must be provided;

(b)  an aerial or satellite map or photograph of the withdrawal site and of the proposed location of the transfer. Maps or photographs of the territory supplied with the proposed water transfer and of the place where the water will be discharged must also be filed;

(c)  if the supply source is surface water, the name of the lake, river or watercourse must be indicated;

(d)  the cadastral designation of the lots on which the project will be carried out;

(6)  concerning the total volume of the water transferred from a new or increased withdrawal:

(a)  the maximum volume of water transferred during the authorization period applied for, established respectively on the basis of an average for the calendar year and on the basis of a period of 90 consecutive days corresponding to the period in which the volume of transferred water is the highest;

(b)  the monthly average volume of the transfer, specifying whether the proposed use will be continuous, seasonal or temporary;

(c)  the location of the equipment to measure the volume transferred and the technique used to measure the transfer flow;

(7)  the total volume of all the withdrawals made for the purpose of transferring water out of the St. Lawrence River Basin to supply the waterworks system covered by the application for authorization during the 10-year period preceding the application, as well as the volumes of water consumed by reason of those withdrawals;

(8)  the maximum volume consumed per day by reason of that proposed transfer, estimated respectively on the basis of an average for the calendar year and on the basis of a period of 90 consecutive days corresponding to the period in which the water consumption is the highest;

(9)  the volume of transferred water that will be returned to the St. Lawrence River Basin after use or discharged out of that Basin. The application must include a description of the means used to return the water. The description must include

(a)  an indication of when the water will be returned;

(b)  the total volume of water returned per day established in the form of an average during a calendar year and a percentage of the water transferred, including the proposed measurement methods;

(c)  an estimate of the percentage of water transferred from the St. Lawrence River Basin that will be returned to the Basin in relation to the water that is discharged in the Basin and that comes from outside the Basin;

(d)  a description of the water returned, including the water’s origin, the place where it will be returned and the methods used to reduce the use of water coming from outside the Basin;

(e)  a description of the location or locations where the water will be discharged.

Each time that a municipality whose population must, according to the proposed transfer, be supplied with water transferred out of the St. Lawrence River Basin is not the applicant, the application for authorization must indicate and include as a schedule any agreement entered into between the municipality and the applicant and pertaining to obligations related to measures for the efficient use or preservation of water or pertaining to the return of the water in the Basin.

All volumes of water must, for the purposes of this section, be expressed in litres.

O.C. 686-2011, s. 3; I.N. 2019-12-01.

2012-09-01

3. An application for authorization referred to in section 31.75 of the Environment Quality Act (chapter Q-2) concerning a transfer out of the Basin of water from a new withdrawal or from an increase in the quantity of water of an existing withdrawal from the St. Lawrence River Basin, must be addressed to the Minister in writing and include the following information and documents:

(1)  the name of the municipality applying for a transfer authorization, the address of its office, the quality of the application’s signatory, the person’s telephone number and electronic mail address, and a certified true copy of the resolution or by-law authorizing the application and its signatory; in the case of a local municipality, situated outside the St. Lawrence River Basin, the name of the regional county municipality that includes the local municipality must be indicated;

(2)  if the applicant is not a municipality;

(a)  the name of the local municipality whose population will be served by the waterworks system supplied by water whose transfer is planned. If the local municipality is situated outside the St. Lawrence River Basin, the name of the regional county municipality that includes the local municipality previously identified must be indicated;

(b)  in the case of a natural person, the person’s name, postal address, electronic mail address and telephone number; in the case of a legal person, partnership or association, its name and the postal address and electronic mail address of its head office, the quality of the application’s signatory and a certified true copy of the deed authorizing the application and its signatory;

(c)  the registration number assigned to the applicant registered in the register of sole proprietorships, partnerships and legal persons;

(d)  a copy of any agreement entered into with the municipality with regard to the ownership or transfer of the waterworks system supplied by water whose transfer is planned, or to the supply of the municipality’s waterworks system;

(3)  a description of the project and its features;

(4)  the use to be made of the water transferred out of the St. Lawrence River Basin;

(5)  concerning the withdrawal site and the transfer location:

(a)  the location of the withdrawal site. If the wells or pumps covered by the application are located at more than one site, the location of each site must be provided;

(b)  an aerial or satellite map or photograph of the withdrawal site and of the proposed location of the transfer. Maps or photographs of the territory supplied with the proposed water transfer and of the place where the water will be discharged must also be filed;

(c)  if the supply source is surface water, the name of the lake, river or watercourse must be indicated;

(d)  the cadastral designation of the lots on which the project will be carried out;

(6)  concerning the total volume of the water transferred from a new or increased withdrawal:

(a)  the maximum volume of water transferred during the authorization period applied for, established respectively on the basis of an average for the calendar year and on the basis of a period of 90 consecutive days corresponding to the period in which the volume of transferred water is the highest;

(b)  the monthly average volume of the transfer, specifying whether the proposed use will be continuous, seasonal or temporary;

(c)  the location of the equipment to measure the volume transferred and the technique used to measure the transfer flow;

(7)  the total volume of all the withdrawals made for the purpose of transferring water out of the St. Lawrence River Basin to supply the waterworks system covered by the application for authorization during the 10-year period preceding the application, as well as the volumes of water consumed by reason of those withdrawals;

(8)  the maximum volume consumed per day by reason of that proposed transfer, estimated respectively on the basis of an average for the calendar year and on the basis of a period of 90 consecutive days corresponding to the period in which the water consumption is the highest;

(9)  the volume of transferred water that will be returned to the St. Lawrence River Basin after use or discharged out of that Basin. The application must include a description of the means used to return the water. The description must include

(a)  an indication of when the water will be returned;

(b)  the total volume of water returned per day established in the form of an average during a calendar year and a percentage of the water transferred, including the proposed measurement methods;

(c)  an estimate of the percentage of water transferred from the St. Lawrence River Basin that will be returned to the Basin in relation to the water that is discharged in the Basin and that comes from outside the Basin;

(d)  a description of the water returned, including the water’s origin, the place where it will be returned and the methods used to reduce the use of water coming from outside the Basin;

(e)  a description of the location or locations where the water will be discharged.

Each time that a municipality whose population must, according to the proposed transfer, be supplied with water transferred out of the St. Lawrence River Basin is not the applicant, the application for authorization must indicate and include as a schedule any agreement entered into between the municipality and the applicant and pertaining to obligations related to measures for the efficient use or preservation of water or pertaining to the return of the water in the Basin.

All volumes of water must, for the purposes of this section, be expressed in litres.

O.C. 686-2011, s. 3.