Q-2 - Environment Quality Act

Section 31.5 Disposition versions

2022-08-23

31.5. The Minister shall send his recommendation to the Government after analyzing the project, at the end of the environmental assessment. However, the Minister may send it before the end of the environmental assessment if the project proponent has failed to comply with the Minister’s requests under section 31.4.

Where the impact assessment statement concerns work related to natural gas storage, the Government, before rendering its decision, must take cognizance of the decision of the Régie de l’énergie submitted by the Minister of Natural Resources and Wildlife under section 45 of the Act respecting natural gas storage and natural gas and oil pipelines (chapter S-34.1).

The Government or any committee of ministers to which the Minister authorized by the Government to act in its stead belongs may issue an authorization for a project, with or without amendment and subject to the conditions, restrictions and prohibitions it determines, or it may refuse to issue an authorization. The Government or committee may also decide that the procedure shall continue despite an unfavourable recommendation from the Minister before the end of the procedure.

The Government or the committee of ministers may, if it considers it necessary to ensure adequate protection of the environment, human health or other living species and on the recommendation of the Minister, prescribe any standard, condition, restriction or prohibition in the authorization that differs from those prescribed by a regulation made under this Act.

The decision must be communicated to the project proponent as soon as possible.

1978, c. 64, s. 10; 2005, c. 33, s. 1; 2017, c. 4, s. 21; I.N. 2018-12-31; 2022, c. 8, s. 93; 2022, c. 10, s. 89.

2022-05-12

31.5. The Minister shall send his recommendation to the Government after analyzing the project, at the end of the environmental assessment. However, the Minister may send it before the end of the environmental assessment if the project proponent has failed to comply with the Minister’s requests under section 31.4.

Where the impact assessment statement concerns work related to petroleum production or storage, the Government, before rendering its decision, must take cognizance of the decision of the Régie de l’énergie submitted by the Minister of Natural Resources and Wildlife under section 45 of the Petroleum Resources Act (chapter H-4.2).

The Government or any committee of ministers to which the Minister authorized by the Government to act in its stead belongs may issue an authorization for a project, with or without amendment and subject to the conditions, restrictions and prohibitions it determines, or it may refuse to issue an authorization. The Government or committee may also decide that the procedure shall continue despite an unfavourable recommendation from the Minister before the end of the procedure.

The Government or the committee of ministers may, if it considers it necessary to ensure adequate protection of the environment, human health or other living species and on the recommendation of the Minister, prescribe any standard, condition, restriction or prohibition in the authorization that differs from those prescribed by a regulation made under this Act.

The decision must be communicated to the project proponent as soon as possible.

1978, c. 64, s. 10; 2005, c. 33, s. 1; 2017, c. 4, s. 21; I.N. 2018-12-31; 2022, c. 8, s. 93.

2018-09-20

31.5. If the Minister considers an application, including the impact assessment statement, to be complete, the Minister shall send his recommendation to the Government.

Where the impact assessment statement concerns work related to petroleum production or storage, the Government, before rendering its decision, must take cognizance of the decision of the Régie de l’énergie submitted by the Minister of Natural Resources and Wildlife under section 45 of the Petroleum Resources Act (chapter H-4.2).

The Government may issue an authorization for a project, with or without amendment and subject to the conditions, restrictions or prohibitions it determines, or it may refuse to issue an authorization. The decision may be made by any committee of ministers to which the Minister belongs and which has been delegated that power by the Government.

The Government or the committee of ministers may, if it considers it necessary to ensure adequate protection of the environment, human health or other living species and on the recommendation of the Minister, prescribe any standard, condition, restriction or prohibition in the authorization that differs from those prescribed by a regulation made under this Act.

The decision must be communicated to the project proponent as soon as possible.

1978, c. 64, s. 10; 2005, c. 33, s. 1; 2017, c. 4, s. 21; I.N. 2018-12-31.

2018-03-23

31.5. If the Minister considers an application, including the impact assessment statement, to be complete, the Minister shall send his recommendation to the Government.

Where the impact assessment statement concerns work related to petroleum production or storage, the Government, before rendering its decision, must take cognizance of the decision of the Régie de l’énergie submitted by the Minister of Natural Resources and Wildlife under section 45 of the Petroleum Resources Act (chapter H-4.2).

The Government may issue an authorization for a project, with or without amendment and subject to the conditions, restrictions or prohibitions it determines, or it may refuse to issue an authorization. The decision may be made by any committee of ministers to which the Minister belongs and which has been delegated that power by the Government.

The Government or the committee of ministers may, if it considers it necessary to ensure adequate protection of the environment, human health or other living species and on the recommendation of the Minister, prescribe any standard, condition, restriction or prohibition in the authorization that differs from those prescribed by a regulation made under this Act.

The decision must be communicated to the project proponent as soon as possible.

1978, c. 64, s. 10; 2005, c. 33, s. 1; 2017, c. 4, s. 21.

2006-01-19

31.5. Where the environmental impact assessment statement is considered satisfactory by the Minister, it is submitted together with the application for authorization to the Government. The latter may issue or refuse a certificate of authorization for the realization of the project with or without amendments, and on such conditions as it may determine. That decision may be made by any committee of ministers of which the Minister is a member and to which the Government has delegated that power.

If it issues a certificate of authorization for the realization of a project to establish or enlarge a landfill site used in whole or in part as a final disposal site for household garbage collected by or for a municipality, the Government or the committee of ministers may, if it considers it necessary for greater environmental protection, establish standards other than those prescribed by a regulation under this Act and include them in the certificate.

The decision shall be transmitted to the proponent of the project and to the persons having made representations.

1978, c. 64, s. 10; 2005, c. 33, s. 1.

1978-12-22

31.5. Where the environmental impact assessment statement is considered satisfactory by the Minister, it is submitted together with the application for authorization to the Government. The latter may issue or refuse a certificate of authorization for the realization of the project with or without amendments, and on such conditions as it may determine. That decision may be made by any committee of ministers of which the Minister is a member and to which the Government has delegated that power.

The decision shall be transmitted to the proponent of the project and to the persons having made representations.

1978, c. 64, s. 10.