Q-2 - Environment Quality Act

Section 22 Disposition versions

2018-03-23

22. Subject to subdivisions 2 and 3, no one may, without first obtaining an authorization from the Minister, carry out a project involving one or more of the following activities:

(1)  the operation of an industrial establishment referred to in Division III, to the extent provided for in that division;

(2)  any withdrawal of water, including related work and works, to the extent provided for in Division V;

(3)  the establishment, alteration or extension of any water management or treatment facility referred to in section 32, and the installation and operation of any other apparatus or equipment designed to treat water, in particular in order to prevent, abate or stop the release of contaminants into the environment or a sewer system;

(4)  any work, structures or other intervention carried out in wetlands and bodies of water referred to in Division V.1;

(5)  the management of hazardous materials, to the extent provided for in subdivision 4 of Division VII.1;

(6)  the installation and operation of an apparatus or equipment designed to prevent, abate or stop the release of contaminants into the atmosphere;

(7)  the establishment and operation of a residual materials elimination facility;

(8)  the establishment and operation of a residual materials reclamation facility, including any storage or treatment of such materials for the purpose of reclaiming them;

(9)  any construction on land formerly used as a residual materials elimination site and any work to change the use of such land; or

(10)  any other activity determined by government regulation.

The Minister’s prior authorization must also be obtained for a project involving another activity likely to result in the release of contaminants into the environment or affect the quality of the environment, including the following activities:

(1)  the construction of an industrial establishment;

(2)  the operation of an industrial establishment other than one referred to in subparagraph 1 of the first paragraph;

(3)  the use of an industrial process; or

(4)  an increase in the production of property or services.

1972, c. 49, s. 22; 1978, c. 64, s. 5; 1979, c. 49, s. 33; 1988, c. 49, s. 4; 2017, c. 4, s. 16; 2017, c. 14, s. 27.

1989-02-22

22. No one may erect or alter a structure, undertake to operate an industry, carry on an activity or use an industrial process or increase the production of any goods or services if it seems likely that this will result in an emission, deposit, issuance or discharge of contaminants into the environment or a change in the quality of the environment, unless he first obtains from the Minister a certificate of authorization.

However, no one may erect or alter any structure, carry out any works or projects, undertake to operate any industry, carry on any activity or use any industrial process or increase the production of any goods or services in a constant or intermittent watercourse, a lake, pond, marsh, swamp or bog, unless he first obtains a certificate of authorization from the Minister.

The application for authorization must include the plans and specifications of the structure or project to use the industrial process, operate the industry or increase production and must contain a description of the apparatus or activity contemplated, indicate its precise location and include a detailed evaluation in accordance with the regulations of the Government of the quantity or concentration of contaminants expected to be emitted, deposited, issued or discharged into the environment through the proposed activity.

The Minister may also require from the applicant any supplementary information, research or assessment statement he may consider necessary to understand the impact the project will have on the environment and to decide on its acceptability, unless the project has already been the subject of a certificate of authorization issued under section 31.5, 31.6, 134 or 189, of an authorization issued under section 167 or 203 or of a certificate of exemption from the assessment and review procedure issued under section 154 or 189.

1972, c. 49, s. 22; 1978, c. 64, s. 5; 1979, c. 49, s. 33; 1988, c. 49, s. 4.

1980-04-01

22. No one may erect or alter a structure, undertake to operate an industry, carry on an activity or use an industrial process or increase the production of any goods or services if it seems likely that this will result in an emission, deposit, issuance or discharge of contaminants into the environment or a change in the quality of the environment, unless he obtains from the Deputy Minister a certificate of authorization.

The application for authorization must include the plans and specifications of the structure or project to use the industrial process, operate the industry or increase production and must contain a description of the apparatus or activity contemplated, indicate its precise location and include a detailed evaluation in accordance with the regulations of the Government of the quantity or concentration of contaminants expected to be emitted, deposited, issued or discharged into the environment through the proposed activity.

The Deputy Minister may also require from the applicant any supplementary information, research or assessment statement he may consider necessary to understand the impact the project will have on the environment and to decide on its acceptability, unless the project has already been the subject of a certificate of authorization issued under section 31.5, 31.6, 134 or 189, of an authorization issued under section 167 or 203 or of a certificate of exemption from the assessment and review procedure issued under section 154 or 189.

1972, c. 49, s. 22; 1978, c. 64, s. 5; 1979, c. 49, s. 33.

1978-12-22

22. No one may erect or alter a structure, undertake to operate an industry, carry on an activity or use an industrial process or increase the production of any goods or services if it seems likely that this will result in an emission, deposit, issuance or discharge of contaminants into the environment or a change in the quality of the environment, unless he obtains from the Director a certificate of authorization.

The application for authorization must include the plans and specifications of the structure or project to use the industrial process, operate the industry or increase production and must contain a description of the apparatus or activity contemplated, indicate its precise location and include a detailed evaluation in accordance with the regulations of the Gouvernement of the quantity or concentration of contaminants expected to be emitted, deposited, issued or discharged into the environment through the proposed activity.

The Director may also require from the applicant any supplementary information, research or assessment statement he may consider necessary to understand the impact the project will have on the environment and to decide on its acceptability, unless the project has already been the subject of a certificate of authorization issued under section 31.5, 31.6, 134 or 189, of an authorization issued under section 167 or 203 or of a certificate of exemption from the assessment and review procedure issued under section 154 or 189.

1972, c. 49, s. 22; 1978, c. 64, s. 5.

1977-12-31

22. No one may erect or alter a structure, undertake to operate an industry, carry on an activity or use an industrial process or increase the production of any goods or services if it seems likely that this will result in an emission, deposit, issuance or discharge of contaminants into the environment or a change in the quality of the environment, unless he obtains from the Director a certificate of authorization.

The application for authorization must include the plans and specifications of the structure or project to use the industrial process, operate the industry or increase production and must contain a description of the apparatus or activity contemplated, indicate its precise location and include a detailed evaluation in accordance with the regulations of the Gouvernement of the quantity or concentration of contaminants expected to be emitted, deposited, issued or discharged into the environment through the proposed activity.

The Director shall, in support of an application relating to certain classes of industries, projects or activities determined by regulation of the Gouvernement, require a study to be made on the impact that the carrying out of the project will have on the environment and may require the applicant to carry out certain research or experiments which he indicates respecting the project, the whole in accordance with the terms and conditions prescribed by regulation of the Gouvernement. He may, finally, require from the applicant any supplementary information he considers pertinent to the object of the application.

1972, c. 49, s. 22.