Q-2 - Environment Quality Act

Section 115.5 Disposition versions

2022-05-12

115.5. (Repealed).

2011, c. 20, s. 26; 2017, c. 4, s. 151; I.N. 2020-02-01; 2022, c. 8, s. 114.

2020-02-01

115.5. The Government or the Minister may, for all or part of a project, refuse to issue, amend or renew an authorization, or may amend, suspend or revoke it if the applicant or holder or, in the case of a legal person, one of its directors, officers or shareholders:

(1)  is the prête-nom of another person;

(2)  has, in the last five years, been convicted of an offence under a fiscal law, an indictable offence connected with activities covered by the authorization or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);

(3)  has filed a false declaration or document, or false information, or has distorted or has omitted to report a material fact to have the authorization issued, maintained, amended or renewed;

(4)  has been convicted of an offence under this Act or the regulations in the last two years, or in the last five years if the minimum amount of the fine to which the offender is liable is that provided for in section 115.32;

(5)  has failed to comply with an order or an injunction made under this Act;

(6)  has defaulted on payment of an amount, including a fine or a monetary administrative penalty, owed under this Act or any other Act administered by the Minister or any regulation under those Acts;

(7)  is not dealing at arm’s length, within the meaning of the Taxation Act (chapter I-3), with a person who carries on a similar activity but whose authorization has been suspended or revoked or is the subject of an injunction or order to that effect, unless it is proven that the activity of the holder or applicant does not constitute a continuation of the activity of that person.

Subparagraphs 5 and 6 of the first paragraph apply to a failure to comply with an order, or to pay an amount owing, only upon expiry of the time for contesting the order or claim before the competent court or tribunal or for applying for a review in the case of a monetary administrative penalty, or, if applicable, only as of the 30th day following the final decision of the Tribunal confirming all or part of the order or claim.

2011, c. 20, s. 26; 2017, c. 4, s. 151; I.N. 2020-02-01.

2018-03-23

115.5. The Government or the Minister may, for all or part of a project, refuse to issue, amend or renew an authorization, or may amend, suspend or revoke it if the applicant or holder or, in the case of a legal person, one of its directors, officers or shareholders:

(1)  is the prête-nom of another person;

(2)  has, in the last five years, been convicted of an offence under a fiscal law, an indictable offence connected with activities covered by the certificate or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);

(3)  has filed a false declaration or document, or false information, or has distorted or has omitted to report a material fact to have the authorization issued, maintained, amended or renewed;

(4)  has been convicted of an offence under this Act or the regulations in the last two years, or in the last five years if the minimum amount of the fine to which the offender is liable is that provided for in section 115.32;

(5)  has failed to comply with an order or an injunction made under this Act;

(6)  has defaulted on payment of an amount, including a fine or a monetary administrative penalty, owed under this Act or any other Act administered by the Minister or any regulation under those Acts;

(7)  is not dealing at arm’s length, within the meaning of the Taxation Act (chapter I-3), with a person who carries on a similar activity but whose authorization has been suspended or revoked or is the subject of an injunction or order to that effect, unless it is proven that the activity of the holder or applicant does not constitute a continuation of the activity of that person.

Subparagraphs 5 and 6 of the first paragraph apply to a failure to comply with an order, or to pay an amount owing, only upon expiry of the time for contesting the order or claim before the competent court or tribunal or for applying for a review in the case of a monetary administrative penalty, or, if applicable, only as of the 30th day following the final decision of the Tribunal confirming all or part of the order or claim.

2011, c. 20, s. 26; 2017, c. 4, s. 151.

2011-11-04

115.5. The Government or the Minister may refuse to issue or renew an authorization certificate, or may amend, suspend or revoke such a certificate if the applicant or holder or, in the case of a legal person, one of its directors, officers or shareholders:

(1)  is the prête-nom of another person;

(2)  has, in the last five years, been convicted of an offence under a fiscal law, an indictable offence connected with activities covered by the certificate or an indictable offence under sections 467.11 to 467.13 of the Criminal Code (R.S.C. 1985, c. C-46);

(3)  has filed a false declaration or document, or false information, or has distorted a material fact to have the certificate issued, maintained or renewed;

(4)  has been convicted of an offence under this Act or the regulations in the last two years, or in the last five years if the minimum amount of the fine to which the offender is liable is that provided for in section 115.32;

(5)  has failed to comply with an order or an injunction made under this Act;

(6)  has defaulted on payment of an amount, including a fine or a monetary administrative penalty, owed under this Act or any other Act administered by the Minister or any regulation under those Acts;

(7)  is not dealing at arm’s length, within the meaning of the Taxation Act (chapter I-3), with a person who carries on a similar activity but whose authorization certificate has been suspended or revoked or is the subject of an injunction or order to that effect, unless it is proven that the activity of the holder or applicant does not constitute a continuation of the activity of that person.

Subparagraphs 5 and 6 of the first paragraph apply to a failure to comply with an order, or to pay an amount owing, only upon expiry of the time for contesting the order or claim before the competent court or tribunal or for applying for a review in the case of a monetary administrative penalty, or, if applicable, only as of the 30th day following the final decision of the Tribunal confirming all or part of the order or claim.

2011, c. 20, s. 26.