Q-2 - Environment Quality Act

Section 31.0.3 Disposition versions

2021-03-25

31.0.3. The Minister shall refuse to issue or amend an authorization if the applicant has not demonstrated that the project complies with this Act and the regulations.

Furthermore, in addition to the reasons for refusal provided for by other provisions of this Act, the Minister may refuse to issue or amend an authorization if

(1)  the applicant has not provided, within the time determined by the Minister, all the information, documents or studies required for the application to be analyzed;

(2)  the Minister is of the opinion that the measures to be implemented in connection with the project or its modification are insufficient to ensure adequate protection of the environment, the health, safety, welfare or comfort of human beings, protect other living species or prevent adverse effects on property;

(3)  the project is to be carried out in an area entered in the registers provided for in sections 5, 6.1 and 24.1 of the Natural Heritage Conservation Act (chapter C-61.01); or

(4)  the project is to be carried out in the habitat of a threatened or vulnerable species governed by the Regulation respecting threatened or vulnerable wildlife species and their habitats (chapter E-12.01, r. 2) for which a plan has been prepared under the Regulation Respecting Wildlife Habitats (chapter C-61.1, r. 18) or in the habitat of a threatened or vulnerable species governed by the Regulation respecting threatened or vulnerable plant species and their habitats (chapter E-12.01, r. 3).

Before making a decision under this section, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J‑3) to the person concerned and grant the latter at least 15 days to submit observations.

2017, c. 4, s. 16; 2017, c. 14, s. 28; 2021, c. 1, s. 55; 2021, c. 7, s. 83.

2021-03-19

31.0.3. The Minister shall refuse to issue or amend an authorization if the applicant has not demonstrated that the project complies with this Act and the regulations.

Furthermore, in addition to the reasons for refusal provided for by other provisions of this Act, the Minister may refuse to issue or amend an authorization if

(1)  the applicant has not provided, within the time determined by the Minister, all the information, documents or studies required for the application to be analyzed;

(2)  the Minister is of the opinion that the measures to be implemented in connection with the project or its modification are insufficient to ensure adequate protection of the environment, human health or safety or other living species;

(3)  the project is to be carried out in an area entered in the registers provided for in sections 5, 6.1 and 24.1 of the Natural Heritage Conservation Act (chapter C-61.01); or

(4)  the project is to be carried out in the habitat of a threatened or vulnerable species governed by the Regulation respecting threatened or vulnerable wildlife species and their habitats (chapter E-12.01, r. 2) for which a plan has been prepared under the Regulation Respecting Wildlife Habitats (chapter C-61.1, r. 18) or in the habitat of a threatened or vulnerable species governed by the Regulation respecting threatened or vulnerable plant species and their habitats (chapter E-12.01, r. 3).

Before making a decision under this section, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J‑3) to the person concerned and grant the latter at least 15 days to submit observations.

2017, c. 4, s. 16; 2017, c. 14, s. 28; 2021, c. 1, s. 55.

2018-03-23

31.0.3. The Minister shall refuse to issue or amend an authorization if the applicant has not demonstrated that the project complies with this Act and the regulations.

Furthermore, in addition to the reasons for refusal provided for by other provisions of this Act, the Minister may refuse to issue or amend an authorization if

(1)  the applicant has not provided, within the time determined by the Minister, all the information, documents or studies required for the application to be analyzed;

(2)  the Minister is of the opinion that the measures to be implemented in connection with the project or its modification are insufficient to ensure adequate protection of the environment, human health or safety or other living species;

(3)  the project is to be carried out in an area entered in the register of protected areas provided for in section 5 of the Natural Heritage Conservation Act (chapter C-61.01) or in the register of other conservation measures under that Act provided for in section 24.1 of that Act; or

(4)  the project is to be carried out in the habitat of a threatened or vulnerable species governed by the Regulation respecting threatened or vulnerable wildlife species and their habitats (chapter E-12.01, r. 2) for which a plan has been prepared under the Regulation Respecting Wildlife Habitats (chapter C-61.1, r. 18) or in the habitat of a threatened or vulnerable species governed by the Regulation respecting threatened or vulnerable plant species and their habitats (chapter E-12.01, r. 3).

Before making a decision under this section, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J‑3) to the person concerned and grant the latter at least 15 days to submit observations.

2017, c. 4, s. 16; 2017, c. 14, s. 28.