Q-2 - Environment Quality Act

Section 115.32 Disposition versions

2022-05-12

115.32. Whoever

(1)  contravenes section 20, 31.52, 45, 45.1 or 65.3, the first paragraph of section 70.5.1 or section 70.5.3 or 83,

(2)  is responsible for an accidental release of a contaminant or hazardous material and fails to stop the release, as required under subparagraph 1 of the second paragraph of section 21,

(2.1)  is responsible for an accidental release of a contaminant and fails to recover, clean or treat in situ the matter contaminated by the release or fails to remove the contaminated matter from the area affected by the release and ship it to an authorized site, as required under subparagraph 2 of the second paragraph of section 21,

(3)  contravenes the prohibition against transferring water prescribed by section 31.90 or 31.105,

(4)  fails to take the measures prescribed by the Minister in accordance with an emergency plan formulated under section 49 in case of air pollution,

(5)  contravenes the prohibition in section 53.31.0.2;

(6)  fails to comply with an order imposed under this Act, or in any manner hinders or prevents the enforcement of such an order,

(7)  carry out a project, carry on or pursue an activity or do something even though

(a)  the issue or renewal of the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been refused, or

(b)  the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been suspended or revoked,

(8)  carries on an activity or does something that contravenes any other decision the Government or the Minister renders in his or its regard under this Act,

commits an offence and is liable, in the case of a natural person, to a fine of $10,000 to $1,000,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of three years, or to both the fine and imprisonment, and, in any other case, to a fine of $30,000 to $6,000,000.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 171; 2021, c. 5, s. 12; 2022, c. 8, s. 124.

2021-03-17

115.32. Whoever

(1)  contravenes section 20, 31.52, 45, 45.1, 65.3, 70.5.1, 70.5.3 or 83,

(2)  is responsible for an accidental release of contaminants into the environment and fails to stop it as required under section 21,

(3)  contravenes the prohibition against transferring water prescribed by section 31.90 or 31.105,

(4)  fails to take the measures prescribed by the Minister in accordance with an emergency plan formulated under section 49 in case of air pollution,

(5)  contravenes the prohibition in section 53.31.0.2;

(6)  fails to comply with an order imposed under this Act, or in any manner hinders or prevents the enforcement of such an order,

(7)  carry out a project, carry on or pursue an activity or do something even though

(a)  the issue or renewal of the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been refused, or

(b)  the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been suspended or revoked,

(8)  carries on an activity or does something that contravenes any other decision the Government or the Minister renders in his or its regard under this Act,

commits an offence and is liable, in the case of a natural person, to a fine of $10,000 to $1,000,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of three years, or to both the fine and imprisonment, and, in any other case, to a fine of $30,000 to $6,000,000.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 171; 2021, c. 5, s. 12.

2018-03-23

115.32. Whoever

(1)  contravenes section 20, 31.52, 45, 45.1, 65.3, 70.5.1, 70.5.3 or 83,

(2)  is responsible for an accidental release of contaminants into the environment and fails to stop it as required under section 21,

(3)  contravenes the prohibition against transferring water prescribed by section 31.90 or 31.105,

(4)  fails to take the measures prescribed by the Minister in accordance with an emergency plan formulated under section 49 in case of air pollution,

(5)  (paragraph repealed),

(6)  fails to comply with an order imposed under this Act, or in any manner hinders or prevents the enforcement of such an order,

(7)  carry out a project, carry on or pursue an activity or do something even though

(a)  the issue or renewal of the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been refused, or

(b)  the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been suspended or revoked,

(8)  carries on an activity or does something that contravenes any other decision the Government or the Minister renders in his or its regard under this Act,

commits an offence and is liable, in the case of a natural person, to a fine of $10,000 to $1,000,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of three years, or to both the fine and imprisonment, and, in any other case, to a fine of $30,000 to $6,000,000.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 171.

2013-06-14

115.32. Whoever

(1)  contravenes section 20 or 31.11, subparagraph 3 of the first paragraph of section 31.23, or section 31.30, 31.52, 45, 45.1 or 83,

(2)  makes a withdrawal of water in violation of a decision under subparagraph 2 of the first paragraph of section 31.86,

(3)  contravenes the prohibition against transferring water prescribed by section 31.90 or 31.105,

(4)  fails to take the measures prescribed by an emergency plan formulated by the Minister under section 49 in case of air pollution,

(5)  continues a project for which a denial of conformity was notified under section 95.4,

(6)  refuses or neglects to comply with an order imposed under this Act, or in any manner hinders or prevents the enforcement of such an order,

(7)  does something or carries on or pursues an activity or operation when the approval, authorization, permission, attestation, certificate or permit required under this Act or the regulations has been denied, suspended or revoked,

commits an offence and is liable, in the case of a natural person, to a fine of $10,000 to $1,000,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of three years, or to both the fine and imprisonment, and, in any other case, to a fine of $30,000 to $6,000,000.

2011, c. 20, s. 26; 2013, c. 16, s. 199.

2011-11-04

115.32. Whoever

(1)  contravenes section 20 or 31.11, subparagraph 3 of the first paragraph of section 31.23, or section 31.30, 31.52, 45, 45.1 or 83,

(2)  makes a withdrawal of water in violation of a decision under subparagraph 2 of the first paragraph of section 31.86,

(3)  contravenes the prohibition against transferring water prescribed by section 31.90 or 31.105,

(4)  fails to take the measures prescribed by an emergency plan formulated by the Minister under section 49 in case of air pollution,

(5)  continues a project for which a denial of conformity was notified under section 95.4,

(6)  refuses or neglects to comply with an order imposed under this Act, or in any manner hinders or prevents the enforcement of such an order,

(7)  does something or carries on or pursues an activity or operation when the approval, authorization, permission, attestation, certificate or permit required under this Act or the regulations has been denied, suspended or revoked,

commits an offence and is liable, in the case of a natural person, to a fine of $10,000 to $1,000,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of three years, or to both the fine and imprisonment, and, in the case of a legal person, to a fine of $30,000 to $6,000,000.

2011, c. 20, s. 26.