Q-2 - Environment Quality Act

Section 31.42 Disposition versions

2023-04-12

31.42. For the purposes of this division,

(1)  a land characterization study required by a provision of this division must be signed by a professional;

(2)  a professional is a professional as defined in section 1 of the Professional Code (chapter C-26); the following are also considered to be professionals:

(a)  any person authorized by a professional order to practise an activity reserved for members of the order;

(b)  a person certified in the field of land characterization and rehabilitation by a certification organization accredited by the Standards Council of Canada under ISO Standard 17024; and

(c)  any other person determined by government regulation;

(3)  land includes the groundwater and surface water present; and

(4)  any study, plan, report or other document sent to the Minister under this division must be sent electronically in the format required by the Minister.

1990, c. 26, s. 4; 1997, c. 43, s. 518; 2002, c. 11, s. 2; 2022, c. 8, s. 96.

2003-03-01

31.42. For the purposes of this division, “land” includes the groundwater and surface water present.

1990, c. 26, s. 4; 1997, c. 43, s. 518; 2002, c. 11, s. 2.

1998-04-01

31.42. Where the Minister believes on reasonable grounds that a contaminant is present in the environment in a greater quantity or concentration than that established by regulation under paragraph a of section 31.52, he may order whoever has emitted, deposited, released or discharged, even before 22 June 1990, all or some of the contaminant to furnish him with a characterization study, a programme of decontamination or restoration of the environment describing the work proposed for the decontamination or restoration of the environment and a timetable for the execution of the work.

Moreover, where the Minister believes on reasonable grounds that a contaminant prohibited by regulation of the Government is present in the environment or that a contaminant present in the environment is likely to affect the life, health, safety, welfare or comfort of human beings, or to cause damage to or to otherwise impair the quality of the soil, vegetation, wildlife or property, he may issue an order to the same effect to whoever has emitted, deposited, released or discharged, even before 22 June 1990, all or some of the contaminant.

The order shall include a statement of the reasons invoked by the Minister and specify the time within which the documents must be furnished to him. The order takes effect 16 days after its notification or on any later date stated therein.

Within 60 days of receipt of the documents, the Minister may approve the proposed decontamination or restoration work and the timetable for its execution, with or without amendment. Whoever is named in the order as being responsible for the source of contamination shall at the request of the Minister provide him, within the time he fixes, with any information, research findings or study he may need to grant his approval.

Whoever is named in the order as being responsible for the source of contamination shall execute the work in accordance with the timetable, as approved by the Minister.

1990, c. 26, s. 4; 1997, c. 43, s. 518.

1990-06-22

31.42. Where the Minister believes on reasonable grounds that a contaminant is present in the environment in a greater quantity or concentration than that established by regulation under paragraph a of section 31.52, he may order whoever has emitted, deposited, released or discharged, even before 22 June 1990, all or some of the contaminant to furnish him with a characterization study, a programme of decontamination or restoration of the environment describing the work proposed for the decontamination or restoration of the environment and a timetable for the execution of the work.

Moreover, where the Minister believes on reasonable grounds that a contaminant prohibited by regulation of the Government is present in the environment or that a contaminant present in the environment is likely to affect the life, health, safety, welfare or comfort of human beings, or to cause damage to or to otherwise impair the quality of the soil, vegetation, wildlife or property, he may issue an order to the same effect to whoever has emitted, deposited, released or discharged, even before 22 June 1990, all or some of the contaminant.

The order shall include a statement of the reasons invoked by the Minister and specify the time within which the documents must be furnished to him. The order takes effect 16 days after its service or on any later date stated therein.

Within 60 days of receipt of the documents, the Minister may approve the proposed decontamination or restoration work and the timetable for its execution, with or without amendment. Whoever is named in the order as being responsible for the source of contamination shall at the request of the Minister provide him, within the time he fixes, with any information, research findings or study he may need to grant his approval.

Whoever is named in the order as being responsible for the source of contamination shall execute the work in accordance with the timetable, as approved by the Minister.

1990, c. 26, s. 4.