M-11.6 - Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

Section 17 Disposition versions

2024-03-27

17. A person designated by the Minister may, to ensure a return to compliance with this Act or the Acts concerned after a failure to comply has been ascertained in the course of an inspection or a penal or administrative investigation, within the time and according to the conditions the person determines,

(1)  require that the release of a contaminant stop, if the release threatens human life, health, safety, welfare or comfort, threatens the life, health or safety of other living species or could cause damage to ecosystems or property;

(2)  require that an apparatus or equipment be stopped;

(3)  prohibit the sale or use of a product, apparatus or equipment;

(4)  require remedial measures to be taken with respect to any failure to comply that has been ascertained;

(5)  if the failure to comply that has been ascertained concerns carrying on an activity without having first obtained the authorization required under one of the Acts concerned,

(a)  require payment of the financial compensation that would have been required under the Act concerned for the issue of the authorization, in accordance with the calculation rules set out for that purpose by regulation; and

(b)  require payment of the fees prescribed by regulation for an application for authorization; and

(6)  take any measure the person considers necessary to facilitate the execution of an act under this section, including

(a)  require registers to be kept on any relevant matter;

(b)  require the person concerned to report periodically to the designated person; and

(c)  require the person concerned to send the designated person the information and documents specified and set out the measures the person concerned must take with respect to any matter specified.

The acts referred to in the first paragraph are notified to the person concerned by a written notice of execution or, in the case of subparagraph 5, by a notice of claim in accordance with section 63.

The notice of execution applies until the return to compliance or until the application of another measure with respect to the person concerned.

If a person fails to comply with a notice of execution within the time specified and according to the conditions determined, the Minister may have the notice of execution carried out at the person’s expense.

Despite the first paragraph, only the powers set out in subparagraphs 4 and 6 apply to see to the enforcement of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02) and the Act respecting the environmental performance of buildings (chapter P-9.02).

2022, c. 8, s. 1; 2024, c. 5, s. 13.

2022-05-12

17. A person designated by the Minister may, to ensure a return to compliance with this Act or the Acts concerned after a failure to comply has been ascertained in the course of an inspection or a penal or administrative investigation, within the time and according to the conditions the person determines,

(1)  require that the release of a contaminant stop, if the release threatens human life, health, safety, welfare or comfort, threatens the life, health or safety of other living species or could cause damage to ecosystems or property;

(2)  require that an apparatus or equipment be stopped;

(3)  prohibit the sale or use of a product, apparatus or equipment;

(4)  require remedial measures to be taken with respect to any failure to comply that has been ascertained;

(5)  if the failure to comply that has been ascertained concerns carrying on an activity without having first obtained the authorization required under one of the Acts concerned,

(a)  require payment of the financial compensation that would have been required under the Act concerned for the issue of the authorization, in accordance with the calculation rules set out for that purpose by regulation; and

(b)  require payment of the fees prescribed by regulation for an application for authorization; and

(6)  take any measure the person considers necessary to facilitate the execution of an act under this section, including

(a)  require registers to be kept on any relevant matter;

(b)  require the person concerned to report periodically to the designated person; and

(c)  require the person concerned to send the designated person the information and documents specified and set out the measures the person concerned must take with respect to any matter specified.

The acts referred to in the first paragraph are notified to the person concerned by a written notice of execution or, in the case of subparagraph 5, by a notice of claim in accordance with section 63.

The notice of execution applies until the return to compliance or until the application of another measure with respect to the person concerned.

If a person fails to comply with a notice of execution within the time specified and according to the conditions determined, the Minister may have the notice of execution carried out at the person’s expense.

Despite the first paragraph, only the powers set out in subparagraphs 4 and 6 apply to see to the enforcement of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02).

2022, c. 8, s. 1.

Not in force

In force: 2022-05-12

17. A person designated by the Minister may, to ensure a return to compliance with this Act or the Acts concerned after a failure to comply has been ascertained in the course of an inspection or a penal or administrative investigation, within the time and according to the conditions the person determines,

(1)  require that the release of a contaminant stop, if the release threatens human life, health, safety, welfare or comfort, threatens the life, health or safety of other living species or could cause damage to ecosystems or property;

(2)  require that an apparatus or equipment be stopped;

(3)  prohibit the sale or use of a product, apparatus or equipment;

(4)  require remedial measures to be taken with respect to any failure to comply that has been ascertained;

(5)  if the failure to comply that has been ascertained concerns carrying on an activity without having first obtained the authorization required under one of the Acts concerned,

(a)  require payment of the financial compensation that would have been required under the Act concerned for the issue of the authorization, in accordance with the calculation rules set out for that purpose by regulation; and

(b)  require payment of the fees prescribed by regulation for an application for authorization; and

(6)  take any measure the person considers necessary to facilitate the execution of an act under this section, including

(a)  require registers to be kept on any relevant matter;

(b)  require the person concerned to report periodically to the designated person; and

(c)  require the person concerned to send the designated person the information and documents specified and set out the measures the person concerned must take with respect to any matter specified.

The acts referred to in the first paragraph are notified to the person concerned by a written notice of execution or, in the case of subparagraph 5, by a notice of claim in accordance with section 63.

The notice of execution applies until the return to compliance or until the application of another measure with respect to the person concerned.

If a person fails to comply with a notice of execution within the time specified and according to the conditions determined, the Minister may have the notice of execution carried out at the person’s expense.

Despite the first paragraph, only the powers set out in subparagraphs 4 and 6 apply to see to the enforcement of the Act to increase the number of zero-emission motor vehicles in Québec in order to reduce greenhouse gas and other pollutant emissions (chapter A-33.02).

2022, c. 8, s. 1.