Q-2 - Environment Quality Act

Section 30 Disposition versions

2022-05-12

30. The holder of an authorization must obtain from the Minister an amendment to the authorization before making any change in the holder’s project if the change could result in the following impacts on the authorized activities:

(1)  the possibility of a release into the environment of a contaminant not covered by the initial authorization or an increase in a previously authorized release, whether the release or increase is actual or potential;

(2)  an increase in the production of property or services beyond the authorized quantity;

(3)  an authorization under section 22 becoming required for an activity for which no authorization was required at the time the initial project was presented;

(4)  the possibility of an alteration in the quality of the environment; or

(5)  an incompatibility with the authorization issued, in particular with one of its conditions, restrictions or prohibitions.

Such an amendment is also required in the following cases:

(1)  the holder intends to carry out a new activity for which an authorization is required under section 22;

(2)  the change concerns a residual materials elimination facility or a hazardous materials management activity; or

(3)  any other case determined by government regulation.

The amendment application must include the information and documents determined by government regulation.

The Minister may modify any condition, restriction or prohibition prescribed for an activity previously authorized in the context of the project, or impose further conditions, restrictions or prohibitions if this is necessary to take into account the impact of the change being sought and to protect the environment.

Before making a unilateral decision under the fourth paragraph, 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.

1972, c. 49, s. 30; 1979, c. 49, s. 33; 1988, c. 49, s. 38; 1990, c. 26, s. 2; 2017, c. 4, s. 16; 2022, c. 8, s. 89; I.N. 2022-06-01.

2018-03-23

30. In the following cases, the holder of an authorization may not make a change in the activities authorized by the Minister without first obtaining from the latter an amendment of the authorization:

(1)  the change is likely to result in a new release of contaminants into the environment, an increase in previously authorized releases or an alteration in the quality of the environment;

(2)  the change is intended to increase the production of property or services beyond the authorized quantity;

(3)  the change is incompatible with the authorization issued, in particular with one of its conditions, restrictions or prohibitions;

(4)  the change concerns the alteration of a residual materials elimination facility or a hazardous materials management activity; or

(5)  any other case prescribed by government regulation.

The Minister may, in the case of an application to amend an authorization for an activity referred to in section 22, modify any condition, restriction or prohibition prescribed for an activity previously authorized in the context of the project, or impose further conditions, restrictions or prohibitions if this is necessary to take into account the impact of the change being sought and to protect the environment.

Before making a decision under the second paragraph, 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.

1972, c. 49, s. 30; 1979, c. 49, s. 33; 1988, c. 49, s. 38; 1990, c. 26, s. 2; 2017, c. 4, s. 16.

1990-06-22

30. (Repealed).

1972, c. 49, s. 30; 1979, c. 49, s. 33; 1988, c. 49, s. 38; 1990, c. 26, s. 2.

1989-02-22

30. Before issuing with respect to a municipality an order that entails expenditures by the municipality, the Minister shall consult the Minister of Municipal Affairs.

1972, c. 49, s. 30; 1979, c. 49, s. 33; 1988, c. 49, s. 38.

1980-04-01

30. Before issuing with respect to a municipality an order that entails expenditures by the municipality, the Deputy Minister shall consult the Minister of Municipal Affairs.

1972, c. 49, s. 30; 1979, c. 49, s. 33.

1977-12-31

30. Before issuing with respect to a municipality an order that entails expenditures by the municipality, the Director shall consult the Minister of Municipal Affairs.

1972, c. 49, s. 30.