Q-2 - Environment Quality Act

Section 31.76 Disposition versions

2022-05-12

31.76. Any power of authorization under this Act with regard to a water withdrawal must be exercised so as to ensure the protection of water resources, particularly by fostering sustainable, equitable and efficient management of the resources in light of the precautionary principle and the effects of climate change.

In addition, every decision made in the exercise of the power of authorization must give priority to satisfying public health, sanitation, civil protection and drinking water supply needs. Every such decision must also aim to reconcile

(1)  the protection needs of aquatic ecosystems; and

(2)  the needs of agriculture, aquaculture, industry, energy production and other human activities, including recreation and tourism.

In addition to the elements set out in section 24, such a decision must take into account the elements contained in a water master plan or an integrated management plan for the St. Lawrence prepared under the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C-6.2), the observations communicated by the public with regard to the water withdrawal, and the consequences of the withdrawal for

(1)  the short-, medium- and long-term water use rights of other persons;

(2)  the availability and distribution of water resources, with a view to satisfying or reconciling current and future needs of the various water users;

(3)  the foreseeable development of rural and urban areas, particularly as regards the objectives of the land use planning and development plan, or the development plan, of any regional county municipality or metropolitan community affected by the withdrawal, and for the balance that must be maintained between the various water uses; and

(4)  the economic development of a region or municipality.

2009, c. 21, s. 19; 2017, c. 4, s. 47; 2022, c. 8, s. 137.

2018-03-23

31.76. Any power of authorization under this Act with regard to a water withdrawal must be exercised so as to ensure the protection of water resources, particularly by fostering sustainable, equitable and efficient management of the resources in light of the precautionary principle and the effects of climate change.

In addition, every decision made in the exercise of the power of authorization must give priority to satisfying public health, sanitation, civil protection and drinking water supply needs. Every such decision must also aim to reconcile

(1)  the protection needs of aquatic ecosystems; and

(2)  the needs of agriculture, aquaculture, industry, energy production and other human activities, including recreation and tourism.

In addition to the elements set out in section 24, such a decision must take into account the elements contained in a water master plan or an integrated management plan for the St. Lawrence prepared under the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C-6.2), the observations communicated by the public with regard to the water withdrawal, and the consequences of the withdrawal for

(1)  the short-, medium- and long-term water use rights of other persons or municipalities;

(2)  the availability and distribution of water resources, with a view to satisfying or reconciling current and future needs of the various water users;

(3)  the foreseeable development of rural and urban areas, particularly as regards the objectives of the land use planning and development plan, or the development plan, of any regional county municipality or metropolitan community affected by the withdrawal, and for the balance that must be maintained between the various water uses; and

(4)  the economic development of a region or municipality.

2009, c. 21, s. 19; 2017, c. 4, s. 47.

2014-08-14

31.76. The Minister’s power of authorization under this subdivision must be exercised so as to ensure the protection of water resources, particularly by fostering sustainable, equitable and efficient management of the resources in light of the precautionary principle and the effects of climate change.

In addition, every decision in the exercise of the Minister’s power of authorization must give priority to satisfying public health, sanitation, civil protection and drinking water supply needs. Every such decision must also aim to reconcile

(1)  the protection needs of aquatic ecosystems; and

(2)  the needs of agriculture, aquaculture, industry, energy production and other human activities, including recreation and tourism.

2009, c. 21, s. 19.