Q-2 - Environment Quality Act

Section 31.0.2 Disposition versions

2022-05-12

31.0.2. Any person that wishes to continue or carry on an activity authorized under this subdivision must obtain a transfer of the authorization concerned from its holder. The latter must, to that end, first send the Minister a notice of transfer containing the information and documents prescribed by government regulation.

In addition, the transferee must attach to the notice the declaration provided for in section 115.8 and, if applicable, any guarantee or liability insurance required by government regulation for the activity concerned.

Within 30 days of receiving the documents mentioned in the first and second paragraphs, the Minister may notify to the transferor and transferee a notice of the Minister’s intention to oppose the transfer for any of the reasons provided for in sections 32 to 34 of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6). If the Minister does not send such a notice within that time, the transfer is deemed to have been completed.

The Minister’s notice of intention must grant the transferor and transferee at least 15 days to submit their observations.

Within 15 days of receiving the observations or of the expiry of the period for submitting them, the Minister shall notify the decision to the transferor and transferee.

Once the transfer of an authorization has been completed, the new holder has the same rights and obligations as the transferor. In addition, any guarantee or liability insurance provided in accordance with the second paragraph is an integral part of the authorization.

Despite this section, an authorization for research and experimental purposes issued under section 29 is not transferable.

2017, c. 4, s. 16; 2022, c. 8, s. 90.

2018-03-23

31.0.2. Any person or municipality that wishes to continue or carry on an activity authorized under this subdivision must obtain a transfer of the authorization concerned from its holder. The latter must, to that end, first send the Minister a notice of transfer containing the information and documents prescribed by government regulation.

In addition, the transferee must attach to the notice the declaration provided for in section 115.8 and, if applicable, any guarantee or liability insurance required by government regulation for the activity concerned.

Within 30 days of receiving the documents mentioned in the first and second paragraphs, the Minister may notify to the transferor and transferee a notice of the Minister’s intention to oppose the transfer for any of the reasons provided for in sections 115.5 to 115.7. If the Minister does not send such a notice within that time, the transfer is deemed to have been completed.

The Minister’s notice of intention must grant the transferor and transferee at least 15 days to submit their observations.

Within 15 days of receiving the observations or of the expiry of the period for submitting them, the Minister shall notify the decision to the transferor and transferee.

Once the transfer of an authorization has been completed, the new holder has the same rights and obligations as the transferor. In addition, any guarantee or liability insurance provided in accordance with the second paragraph is an integral part of the authorization.

Despite this section, an authorization for research and experimental purposes issued under section 29 is not transferable.

2017, c. 4, s. 16.