Ministère de l'Emploi et de la Solidarité sociale
Consolidated Statutes and Regulations Consolidated Statutes Consolidated Regulations Annual Statutes and Regulations Annual Statutes Annual Regulations Additional information Québec Official Publisher What’s new? Information note Policy of the Minister of Justice Laws: Amendments Laws: Provisions not in force Laws: Provisions brought into force Annual Statutes: PDF versions since 1996 Regulations: Amendments Annual Regulations: PDF versions since 1996 Court Decisions

S-3.1.01 - Dam Safety Act

Section 35
Disposition versions

Full text
35. The Minister may, where a dam is likely to compromise the safety of persons or property and its owner is unknown, cannot be found or cannot be ascertained, apply to a judge of the Superior Court to authorize the Minister to take any measure the Minister considers appropriate, including the performance of remedial work, or the immediate removal of the dam, with the cost claimed, with interest and other costs, from the owner if the Minister ever comes to ascertain or find the owner. The judge may also authorize the Minister to transfer ownership of the dam to any other person or partnership.
2000, c. 9, s. 35; I.N. 2016-01-01 (NCCP); 2022, c. 8, s. 159.
35. Where the owner of the works fails to comply with an order of the Minister, the Minister may cause the order to be carried out or the appropriate remedial measures to be taken at the expense of the owner. The Minister may recover the cost, with interest and other costs, in particular by claiming the security or guarantee furnished by the owner.
Where the owner of the dam is unknown or cannot be found, or ownership of the dam cannot be ascertained, a judge of the Superior Court may, on application by the Minister, authorize the Minister to take any measure the Minister considers appropriate, including the performance of remedial work, or to immediately have the dam removed and recover the cost, with interest and other costs, from the owner if the owner’s identity becomes known or the owner is found. The judge may also authorize the Minister to transfer ownership of the dam to any other person or partnership.
2000, c. 9, s. 35; I.N. 2016-01-01 (NCCP).
35. Where the owner of the works fails to comply with an order of the Minister, the Minister may cause the order to be carried out or the appropriate remedial measures to be taken at the expense of the owner. The Minister may recover the cost, with interest and other costs, in particular by claiming the security or guarantee furnished by the owner.
Where the owner of the dam is unknown or cannot be found, or ownership of the dam cannot be ascertained, a judge of the Superior Court may, on motion of the Minister, authorize the Minister to take any measure the Minister considers appropriate, including the performance of remedial work, or to immediately have the dam removed and recover the cost, with interest and other costs, from the owner if the owner’s identity becomes known or the owner is found. The judge may also authorize the Minister to transfer ownership of the dam to any other person or partnership.
2000, c. 9, s. 35.
© Gouvernement du Québec