Q-2 - Environment Quality Act

Section 115.43 Disposition versions

2022-05-12

115.43. (Replaced).

2011, c. 20, s. 26; 2017, c. 4, s. 172; 2020, c. 19, s. 30; 2022, c. 8, s. 125.

2020-11-01

115.43. In the judgment, the judge may order an offender convicted under this Act or the regulations

(1)  to refrain from any action or activity that may lead to the continuation or repetition of the offence;

(2)  to carry out any action or activity to prevent the offence from being continued or repeated;

(3)  to establish a pollution prevention plan or an environmental emergency plan, submit the plan to the Minister for approval and abide by the approved plan;

(4)  to carry out follow-up studies on the environmental impact of the activities carried on by the offender or to pay a sum of money to a person or body designated by the judge to carry out such studies;

(5)  to take one or more of the following measures, with priority given to those determined by the judge as being best for the protection of the environment:

(a)  to restore things to the state they were in prior to the offending act;

(b)  to restore things to a state approaching their original state;

(c)  to implement compensatory measures;

(d)  to pay compensation, in a lump sum or otherwise, for repair of the damage resulting from the commission of the offence;

(e)  to pay, as compensation for the damage resulting from the commission of the offence, a sum of money to the Electrification and Climate Change Fund established under section 15.1 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001) or to the Fund for the Protection of the Environment and the Waters in the Domain of the State established under section 15.4.38 of that Act;

(6)  to provide security or consign a sum of money to guarantee performance of those obligations;

(7)  to make public the conviction and any prevention or repair measures imposed, under the conditions determined by the judge.

Moreover, if the Minister, in carrying out this Act or the regulations, has taken restoration or compensatory measures in the place and stead of the offender, the judge may order the offender to reimburse the Minister for the direct and indirect costs of such measures, including interest.

2011, c. 20, s. 26; 2017, c. 4, s. 172; 2020, c. 19, s. 30.

2017-03-23

115.43. In the judgment, the judge may order an offender convicted under this Act or the regulations

(1)  to refrain from any action or activity that may lead to the continuation or repetition of the offence;

(2)  to carry out any action or activity to prevent the offence from being continued or repeated;

(3)  to establish a pollution prevention plan or an environmental emergency plan, submit the plan to the Minister for approval and abide by the approved plan;

(4)  to carry out follow-up studies on the environmental impact of the activities carried on by the offender or to pay a sum of money to a person or body designated by the judge to carry out such studies;

(5)  to take one or more of the following measures, with priority given to those determined by the judge as being best for the protection of the environment:

(a)  to restore things to the state they were in prior to the offending act;

(b)  to restore things to a state approaching their original state;

(c)  to implement compensatory measures;

(d)  to pay compensation, in a lump sum or otherwise, for repair of the damage resulting from the commission of the offence;

(e)  to pay, as compensation for the damage resulting from the commission of the offence, a sum of money to the Green Fund established under section 15.1 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001) or to the Fund for the Protection of the Environment and the Waters in the Domain of the State established under section 15.4.38 of that Act;

(6)  to provide security or consign a sum of money to guarantee performance of those obligations;

(7)  to make public the conviction and any prevention or repair measures imposed, under the conditions determined by the judge.

Moreover, if the Minister, in carrying out this Act or the regulations, has taken restoration or compensatory measures in the place and stead of the offender, the judge may order the offender to reimburse the Minister for the direct and indirect costs of such measures, including interest.

2011, c. 20, s. 26; 2017, c. 4, s. 172.

2011-11-04

115.43. In the judgment, the judge may order an offender convicted under this Act or the regulations

(1)  to refrain from any action or activity that may lead to the continuation or repetition of the offence;

(2)  to carry out any action or activity to prevent the offence from being continued or repeated;

(3)  to establish a pollution prevention plan or an environmental emergency plan, submit the plan to the Minister for approval and abide by the approved plan;

(4)  to carry out follow-up studies on the environmental impact of the activities carried on by the offender or to pay a sum of money to a person or body designated by the judge to carry out such studies;

(5)  to take one or more of the following measures, with priority given to those determined by the judge as being best for the protection of the environment:

(a)  to restore things to the state they were in prior to the offending act;

(b)  to restore things to a state approaching their original state;

(c)  to implement compensatory measures;

(d)  to pay compensation, in a lump sum or otherwise, for repair of the damage resulting from the commission of the offence;

(e)  to pay, as compensation for the damage resulting from the commission of the offence, a sum of money to the Green Fund established under section 15.1 of the Act respecting the Ministère du Développement durable, de l’Environnement et des Parcs (chapter M-30.001);

(6)  to provide security or consign a sum of money to guarantee performance of those obligations;

(7)  to make public the conviction and any prevention or repair measures imposed, under the conditions determined by the judge.

Moreover, if the Minister, in carrying out this Act or the regulations, has taken restoration or compensatory measures in the place and stead of the offender, the judge may order the offender to reimburse the Minister for the direct and indirect costs of such measures, including interest.

2011, c. 20, s. 26.