Q-2 - Environment Quality Act

Section 26 Disposition versions

2021-03-25

26. If of the opinion that it is necessary, the Minister may, in an authorization, prescribe any standard, condition, restriction or prohibition that differs from those prescribed by government regulation, if

(1)  the Minister deems that those that apply are insufficient to ensure that the support capacity of the receiving environment is respected; or

(2)  the Minister deems that those that apply are insufficient to ensure the health, safety, welfare or comfort of human beings, protect other living species or prevent adverse effects on property.

For each standard, condition, restriction or prohibition prescribed under the first paragraph, the Minister may, in the authorization, specify an implementation date as well as the implementation requirements and schedule.

However, before prescribing a standard, condition, restriction or prohibition 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. The prior notice must also specify the criteria according to which the standard, condition, restriction or prohibition may be prescribed.

1972, c. 49, s. 26; 1979, c. 49, s. 33; 1986, c. 95, s. 273; 1988, c. 49, s. 38; 1997, c. 43, s. 509; 2017, c. 4, s. 16; 2021, c. 7, s. 82.

2018-03-23

26. If of the opinion that it is necessary for adequate protection of the environment, human health or other living species, the Minister may, in an authorization, prescribe any standard, condition, restriction or prohibition that differs from those prescribed by government regulation, if

(1)  the Minister deems that those that apply are insufficient to ensure that the support capacity of the receiving environment is respected; or

(2)  the Minister deems that those that apply are insufficient to protect human health or other living species.

For each standard, condition, restriction or prohibition prescribed under the first paragraph, the Minister may, in the authorization, specify an implementation date as well as the implementation requirements and schedule.

However, before prescribing a standard, condition, restriction or prohibition 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. The prior notice must also specify the criteria according to which the standard, condition, restriction or prohibition may be prescribed.

1972, c. 49, s. 26; 1979, c. 49, s. 33; 1986, c. 95, s. 273; 1988, c. 49, s. 38; 1997, c. 43, s. 509; 2017, c. 4, s. 16.

1998-04-01

26. The Minister may, however, without prior notice but for a period of not over 30 days, order whoever is responsible for a source of contamination to cease or abate to the extent that he determines, the emission, deposit, issuance or discharge of a contaminant when in his opinion an immediate danger results to the life or health of persons or a danger of serious or irreparable damage to property.

Such order must contain a summary of the reasons of the Minister. It shall take effect on the date of its notification upon the one responsible for the source of contamination.

1972, c. 49, s. 26; 1979, c. 49, s. 33; 1986, c. 95, s. 273; 1988, c. 49, s. 38; 1997, c. 43, s. 509.

1989-02-22

26. The Minister may, however, without prior notice but for a period of not over 30 days, order whoever is responsible for a source of contamination to cease or abate to the extent that he determines, the emission, deposit, issuance or discharge of a contaminant when in his opinion an immediate danger results to the life or health of persons or a danger of serious or irreparable damage to property.

Such order must contain a summary of the reasons of the Minister. It shall take effect on the date of its service upon the one responsible for the source of contamination.

1972, c. 49, s. 26; 1979, c. 49, s. 33; 1986, c. 95, s. 273; 1988, c. 49, s. 38.

1987-02-15

26. The Deputy Minister may, however, without prior notice but for a period of not over 30 days, order whoever is responsible for a source of contamination to cease or abate to the extent that he determines, the emission, deposit, issuance or discharge of a contaminant when in his opinion an immediate danger results to the life or health of persons or a danger of serious or irreparable damage to property.

Such order must contain a summary of the reasons of the Deputy Minister. It shall take effect on the date of its service upon the one responsible for the source of contamination.

1972, c. 49, s. 26; 1979, c. 49, s. 33; 1986, c. 95, s. 273.

1980-04-01

26. The Deputy Minister may notwithstanding section 25 order, without previous notice, whoever is responsible for a source of contamination to cease or abate to the extent that he determines, the emission, deposit, issuance or discharge of a contaminant when in his opinion an immediate danger results to the life or health of persons or a danger of serious or irreparable damage to property.

Such order must contain a summary of the reasons of the Deputy Minister. It shall take effect on the date of its service upon the one responsible for the source of contamination.

1972, c. 49, s. 26; 1979, c. 49, s. 33.

1977-12-31

26. The Director may notwithstanding section 25 order, without previous notice, whoever is responsible for a source of contamination to cease or abate to the extent that he determines, the emission, deposit, issuance or discharge of a contaminant when in his opinion an immediate danger results to the life or health of persons or a danger of serious or irreparable damage to property.

Such order must contain a summary of the reasons of the Director. It shall take effect on the date of its service upon the one responsible for the source of contamination.

1972, c. 49, s. 26.