Q-2 - Environment Quality Act

Section 56 Disposition versions

2000-05-01

56. No residual materials elimination facility determined by regulation of the Government may be operated without the operator having set up financial guarantees in the form of a social trust, on the conditions prescribed by the regulation, for the purpose of covering, after the facility is closed, the costs incurred by

(1)  the application of the regulatory standards, in particular the standards relating to the maintenance and supervision of the facility, and the application of any conditions to which an authorization is subject;

(2)  an intervention authorized by the Minister to remedy a situation arising out of non-compliance with the standards or conditions, or in the case of a contamination of the environment, resulting from an accident or the presence of the facility.

The provisions of a regulation made by the Government may, in particular,

(1)  fix the sums to be paid into the trust patrimony by the operator, or the method and parameters to be used in calculating such sums, and the conditions for their payment;

(2)  authorize the Minister to verify the application of the regulatory provisions made under subparagraph 1 and to require an operator to communicate the information necessary for the verification, and to adjust the amounts paid by the operator where an assessment made by an outside expert shows that an adjustment is needed to ensure the fulfilment of the trust;

(3)  determine the classes of persons qualified to act as trustee;

(4)  prescribe the conditions applicable to the setting up and administration of the trust, its modification, control and termination, in particular with respect to the allocation of any sum remaining on termination of the trust;

(5)  determine the conditions in which the Minister may authorize the payment of sums under the trust, without prejudice to any court decision the effect of which is to authorize such a payment.

1972, c. 49, s. 56; 1979, c. 49, s. 33; 1984, c. 29, s. 10; 1999, c. 40, s. 239; 1999, c. 75, s. 14.

1999-10-22

56. Where the project for which an application for a certificate is made contravenes a municipal by-law, the Minister may order that an inquiry be held by the Deputy Minister to determine whether the waste management system should be exempt, wholly or in part, from the application of the municipal by-law.

The Deputy Minister shall, after receiving representations from all those concerned, give in writing to the Minister a notice stating the reasons on which it is based.

The Minister, after receiving such notice, may dispense the applicant from the application of the municipal by-law. His decision shall be published in the Gazette officielle du Québec and shall come into force 30 days after the date of such publication. After such time, the decision shall be final and without appeal.

1972, c. 49, s. 56; 1979, c. 49, s. 33; 1984, c. 29, s. 10; 1999, c. 40, s. 239.

1984-06-20

56. Where the project for which an application for a certificate is made contravenes a municipal by-law, the Minister may order that an inquiry be held by the Deputy Minister to determine whether the waste management system should be exempt, wholly or in part, from the application of the municipal by-law.

The Deputy Minister shall, after receiving representations from all those concerned, give in writing to the Minister a notice stating the reasons on which it is based.

The Minister, after receiving such notice, may dispense the applicant from the application of the municipal by-law. His decision shall be published in the Gazette officielle du Québec and shall come into force thirty days after the date of such publication. After such delay, the decision shall be final and without appeal.

1972, c. 49, s. 56; 1979, c. 49, s. 33; 1984, c. 29, s. 10.

1980-04-01

56. When an application for a permit for a site for elimination or storage of waste or a waste treatment plant contravenes a municipal by-law, the Minister may order that an inquiry be held by the Deputy Minister to determine whether the proposed site or plant should be exempt from the the application of the municipal by-law.

The Deputy Minister shall, after receiving representations from all those concerned, give in writing to the Minister a notice stating the reasons on which it is based.

The Minister, after receiving such notice, may dispense the applicant from the application of the municipal by-law. His decision shall be published in the Gazette officielle du Québec and shall come into force thirty days after the date of such publication. After such delay, the decision shall be final and without appeal.

1972, c. 49, s. 56; 1979, c. 49, s. 33.

1977-12-31

56. When an application for a permit for a site for elimination or storage of waste or a waste treatment plant contravenes a municipal by-law, the Minister may order that an inquiry be held by the Director to determine whether the proposed site or plant should be exempt from the the application of the municipal by-law.

The Director shall, after receiving representations from all those concerned, give in writing to the Minister a notice stating the reasons on which it is based.

The Minister, after receiving such notice, may dispense the applicant from the application of the municipal by-law. His decision shall be published in the Gazette officielle du Québec and shall come into force thirty days after the date of such publication. After such delay, the decision shall be final and without appeal.

1972, c. 49, s. 56.