R-13 - Watercourses Act

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter R-13

Watercourses Act

1. The Minister of Sustainable Development, Environment and Parks shall have charge of the carrying out of this Act, with the exception of section 3 and of Division VIII, which are under the jurisdiction of the Minister of Natural Resources and Wildlife.

R. S. 1964, c. 84, s. 1; 1979, c. 49, s. 16; 1979, c. 81, s. 20; 1994, c. 13, s. 15; 1994, c. 17, s. 61; 1999, c. 36, s. 158; 2003, c. 8, s. 6; 2006, c. 3, s. 35.

The Minister of Economy, Innovation and Energy exercises the functions of the Minister of Natural Resources and Wildlife. Order in Council 1113-2024 dated 17 July 2024, (2024) 156 G.O. 2 (French), 5361.

DIVISION I ALIENATION OF THE BED AND BANKS OF WATERCOURSES AND OF THE SEA

2. It has always been lawful, before 16 March 1916, whatever may have been the system of government in force, for the authority which has had the control and administration of lands in the domain of the State in the territory now forming Québec, or any part thereof, to alienate or lease to such extent as was deemed advisable, the beds and banks of navigable rivers and lakes, the bed of the sea, the sea-shore and lands reclaimed from the sea, comprised within the said territory and forming part of the domain of the State.

From and after 16 March 1916 until 4 December 1974, every alienation or lease of one or more of the properties mentioned in the first paragraph may be effected solely with the express authorization of the Government, and on such conditions and under such restrictions as it may determine.

The Government may, from 4 December 1974 until 22 December 1978, on the joint recommendation of the Minister of Sustainable Development, Environment and Parks and the Minister of Natural Resources and Wildlife, make regulations to authorize the Minister of Sustainable Development, Environment and Parks to grant sales, locations, leases or occupation licences on the banks and beds of rivers and lakes forming part of the domain of the State, as well as on the bed and foreshore of the sea. The above mentioned expression “banks” means the strip of land bounded by the natural low and high water marks, excluding any overflow.

From 22 December 1978, the Government may make a regulation to authorize the Minister of Sustainable Development, Environment and Parks, on such conditions as it may determine, to grant an alienation, lease or occupation licence on a property mentioned in the preceding paragraph and agree on a limit. In the cases not provided for in that regulation, the Government may authorize, on such conditions as it may determine in each case, the alienation, exchange, lease or occupation and the limits of such property.

It may also, in the same manner, authorize the Minister to agree on a limit of such property with the owner of the adjacent land.

R. S. 1964, c. 84, s. 2; 1974, c. 24, s. 1; 1978, c. 40, s. 1; 1979, c. 49, s. 37; 1979, c. 81, s. 20; 1987, c. 23, s. 76; 1994, c. 13, s. 15; 1994, c. 17, s. 61; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

2.1. The Government may, by regulation, generally authorize, according to the conditions it determines, the occupation of property contemplated in the third paragraph of section 2, by every category of minor works it indicates.

1982, c. 25, s. 22.

2.2. The Minister of Sustainable Development, Environment and Parks may, by order,

(1)  determine the places where the use of part of the shore or bed of waters in the domain of the State to affix or deposit any gear or installations intended for commercial fishing is prohibited;

(2)  determine the gears or installations intended for commercial fishing the affixing or depositing of which on any part of the shore or bed of waters in the domain of the State is prohibited.

The order shall be published in the Gazette officielle du Québec.

1994, c. 17, s. 62; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

3. The transfer of hydraulic power vested in the domain of the State is prohibited subject to section 32 of the Hydro-Québec Act (chapter H-5).

The lease of hydraulic power vested in the domain of the State is permitted only

(1)  where the hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating more than 50 megawatts attributable to the domain of the State, such lease being, in every case, authorized by law;

(2)  where hydraulic power is necessary for the operation, at a specific place along a watercourse, of a hydro-electric power plant generating 50 megawatts attributable to the domain of the State or less or where the lessee is a municipality, such lease being authorized by the Government and made subject to the conditions it determines.

Before recommending to the Government the lease of hydraulic power under subparagraph 2 of the second paragraph, the Minister may consult with the regional county municipality concerning the implications of a hydro-electric project in its territory.

The lessee shall pay into the Generations Fund any rent and other fees or charges payable under subparagraph 2 of the second paragraph.

Ownership of hydraulic power in the domain of the State is and always has been attached to ownership of the bed of the watercourses in the domain of the State. This paragraph is declaratory.

R. S. 1964, c. 84, s. 3; 1977, c. 5, s. 14; 1977, c. 60, s. 1; 1978, c. 41, s. 28; 1988, c. 53, s. 1; 1999, c. 12, s. 1; 1999, c. 40, s. 251; 2000, c. 22, s. 66; 2006, c. 46, s. 58; 2006, c. 24, s. 17.

DIVISION II RIGHT OF ACTION OF LESSEE

4. The lease granted under the provisions of this Act shall entitle the lessee to take possession of the lands described therein and, in his own name, to institute any action or suit against the person possessing same illegally or against any one trespassing, and to recover damages in respect of the damage which he may have suffered.

R. S. 1964, c. 84, s. 4; 1999, c. 40, s. 251.

DIVISION III USE OF WATERCOURSES AND PREVENTION OF FLOODING

1982, c. 25, s. 23.

5. Every owner of land may improve any watercourse bordering upon, running along or passing across his property, and may turn the same to account by the construction of mills, manufactories, works and machinery of all kinds, and for such purpose may erect and construct, in and about such watercourse, all the works necessary for its efficient working, such as flood-gates, flumes, embankments, dams, dykes and the like.

R. S. 1964, c. 84, s. 5.

6. A court may order, upon an ordinary action instituted by the Attorney General, the demolition of any work and the restoration of the premises to their original condition or to a condition approaching as nearly as possible thereto, where a person constructs or maintains any work on the banks and beds of rivers and lakes forming part of the domain of the State, as well as on the bed and foreshore of the sea, without obtaining beforehand the sale or lease of or an occupation licence for the immovable concerned.

R. S. 1964, c. 84, s. 6; 1982, c. 25, s. 24; 1999, c. 40, s. 251.

7. The Government may authorize the Minister of Sustainable Development, Environment and Parks to open or close the dams, sluiceways or other apparatus to empty the water from any work constructed in a private or public watercourse, and to take the necessary measures to keep the apparatus open or closed, as the case may be, during the time the Minister prescribes, where the Government considers that the measures are required in order to put an end to the flooding of private or public lands.

R. S. 1964, c. 84, s. 7; 1968, c. 34, s. 1; 1979, c. 49, s. 37; 1982, c. 25, s. 24; 1994, c. 17, s. 63; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

8. In no case may a local municipality issue a permit to build in a floodplain recognized by government regulation until a by-law prohibiting or governing construction in that floodplain, passed by the municipality under paragraph 16 of the second paragraph of section 113 and section 118 of the Act respecting land use planning and development (chapter A‐19.1), is in force.

Where no land use planning and development plan adopted under the Act respecting land use planning and development is in force in the territory of the municipality, the by-law referred to in the first paragraph that is passed by the municipality shall be approved by the Minister of Sustainable Development, Environment and Parks.

R. S. 1964, c. 84, s. 8; 1979, c. 49, s. 37; 1982, c. 25, s. 24; 1994, c. 17, s. 63; 1996, c. 2, s. 861; 1999, c. 36, s. 158; 2002, c. 68, s. 52; 2006, c. 3, s. 35.

9. (Repealed).

R. S. 1964, c. 84, s. 9; 1982, c. 25, s. 25.

10. (Repealed).

R. S. 1964, c. 84, s. 10; 1982, c. 25, s. 25.

11. (Repealed).

R. S. 1964, c. 84, s. 11; 1982, c. 25, s. 25.

12. (Repealed).

R. S. 1964, c. 84, s. 12; 1982, c. 25, s. 25.

13. (1)  The owner or operator of any work constructed in a watercourse, or of a plant, a mill, a manufactory, works or machinery of any kind contemplated in section 5, is liable for any damage resulting therefrom to any person, whether by excessive elevation of the flood-gates or otherwise.

(2)  The damage shall be assessed and the damages shall be determined by the Administrative Tribunal of Québec.

R. S. 1964, c. 84, s. 13; 1973, c. 38, s. 94; 1982, c. 25, s. 26; 1986, c. 61, s. 66; 1988, c. 21, s. 66; 1997, c. 43, s. 637; 1999, c. 40, s. 251.

14. In assessing damage and fixing the compensation to be paid, the Administrative Tribunal of Québec may, whenever proper, set off against the whole or any part of such compensation any increased value which the property of the claimant has acquired by reason of the erection of such works, mills, manufactories or machinery.

R. S. 1964, c. 84, s. 14; 1973, c. 38, s. 95; 1986, c. 61, s. 66; 1988, c. 21, s. 66; 1997, c. 43, s. 638; 1999, c. 40, s. 251.

15. In default of payment of the damages in respect of the damage and the compensation so awarded, within six months from the date of the award of the Administrative Tribunal of Québec, together with legal interest to be computed from the said date, the party by whom the payment is due shall demolish the works which he shall have erected, or they shall be so demolished at his expense, upon judgment to that effect rendered, the whole without prejudice to the damages already determined.

R. S. 1964, c. 84, s. 15; 1973, c. 38, s. 96; 1986, c. 61, s. 66; 1988, c. 21, s. 66; 1997, c. 43, s. 639; 1999, c. 40, s. 251.

DIVISION IV EXPROPRIATION OF LANDS REQUIRED FOR THE DEVELOPMENT AND UTILIZATION OF CERTAIN WATER-POWERS

16. Every water-power formed by a lake, pond, watercourse or river, whether floatable or not, belonging to any person, is declared to be a matter of public interest, and the owner thereof may proceed to expropriate the required lands so as to allow him to utilize such water-power in the manner and subject to the conditions mentioned in this division.

R. S. 1964, c. 84, s. 16.

17. The following alone shall be subject to expropriation under this division:

(1)  immovable properties or any part thereof, and riparian rights necessary for the establishment of factories, manufactories and their dependencies, or for the construction and maintenance of dams, dikes, canals, pipes and sluices, and all immovable properties or any part thereof susceptible of being affected by such establishment, construction or maintenance;

(2)  immovable properties or any part thereof, necessary for roads communicating with the most convenient highway, as well as for the posts, wires, conduits and apparatus used for the transmission of power, light or heat, subject to the approval of the municipal council of the locality when such posts, wires, conduits and apparatus are placed on a highway;

(3)  immovable properties or any part thereof, necessary for the establishment therein and use, pending the duration of the construction work mentioned in paragraph 1 of this section, of branch lines connecting with a railway line.

R. S. 1964, c. 84, s. 17.

18. No expropriation under this division shall take place except in the case of a water-power of an average natural force of at least 150 KW and large enough for industrial purposes, nor shall such right in any case be exercised to the prejudice of an industry already established or of water-works supplying the territory of a municipality wholly or in part.

R. S. 1964, c. 84, s. 18; 1977, c. 60, s. 2; 1996, c. 2, s. 862.

19. In every case where the expropriation of any lot or part thereof is permitted, it may be confined to the portion of a lot strictly required for the installation of poles, towers, transformers and other apparatus with, in addition, a servitude giving the right to install on such poles or towers the wires and apparatus necessary for the transmission of power, light and heat, together with a right of way over the neighbouring lands for the purpose of repairing and maintaining the transmission line.

The expropriation may also be limited to the servitudes required for establishing a transmission line, giving in particular the right to put up on the land, without acquiring ownership of the land, poles, towers, transformers, apparatus and wires, and the right of way over such land and neighbouring lands, for the purpose of repairing and maintaining the transmission line.

In every case the expropriation implies the right to require a sufficient cleared space, on each side of the line, for the protection of the public and of the transmission line, and for the repair and maintenance of the latter.

For the purposes of the servitudes contemplated in this section, the transmission line shall be deemed a dominant land with respect to the lands subject to such servitudes.

R. S. 1964, c. 84, s. 19.

20. When the poles or towers are put up, it shall be the duty of the party expropriating the land to put it back in good order so that the owner or occupant thereof may use it, as before, as conveniently as possible.

R. S. 1964, c. 84, s. 20.

21. In no case may any proceedings be had to expropriate any lot or part thereof, or the servitude mentioned in section 19, until a plan prepared by a Québec land-surveyor, mentioning the land to be expropriated, with a sufficient description thereof, has been served by a bailiff upon the owner of such land.

R. S. 1964, c. 84, s. 21.

22. The expropriation cannot take place unless the Government has first approved the area of the land or the servitude to be expropriated, upon application of one of the parties after notice to the other.

R. S. 1964, c. 84, s. 22.

23. The application for approval must be made to the Minister of Sustainable Development, Environment and Parks, accompanied by plans of the land to be expropriated and by reasons in support of the application.

R. S. 1964, c. 84, s. 23; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1997, c. 43, s. 640; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

24. The expropriation proceedings must be completed within two years from the date of the approval contemplated by section 9, without which the right of expropriation shall lapse pleno jure.

In the case where a right has lapsed through the application of this section, the Government may, upon such conditions as it deems fit to impose, revive such right for such period of time as it may fix, after notice by the interested parties in the form decided upon by the Minister of Sustainable Development, Environment and Parks.

R. S. 1964, c. 84, s. 24; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

25. In the case provided for by paragraph 3 of section 17, the indemnity shall include a fixed annual sum payable in advance each year up to and including the year in which the works are completed and, in addition, a sum representing the damages caused by the changed state of the place, payable, after the completion of the works, within a time fixed by the Administrative Tribunal of Québec, unless the party benefitting from the servitude shall have restored the place to its original state before the expiry of such time.

R. S. 1964, c. 84, s. 25; 1973, c. 38, s. 97; 1986, c. 61, s. 66; 1988, c. 21, s. 66; 1997, c. 43, s. 641; 1999, c. 40, s. 251.

DIVISION V EXPROPRIATION OF THE RIGHT OF WAY REQUIRED FOR THE LAYING OF PIPES FOR BRINGING WATER TO A PULP OR PAPER MILL

26. The owner or tenant of a pulp or paper mill whose site has no direct connection with any water supply which he has the right to use and the water of which he has the right to divert, may expropriate an underground right of way across any land so as, by doing the necessary digging to lay pipes, to bring the water necessary for the operation of his pulp or paper mill.

The right of way must be had on the side where the crossing is shortest from his land to such water supply. It should however be established over the part where it will be least injurious to him upon whose land it is granted.

R. S. 1964, c. 84, s. 26.

27. As soon as the laying of the pipes underground is finished, it shall be the duty of the expropriating party to level the earth in such a manner that the owner or occupant may make use of his land as before, in the most convenient way possible.

R. S. 1964, c. 84, s. 27.

28. The right of way for the laying of underground pipes shall include also a servitude in favour of the expropriating party to make any repairs which may afterwards be necessary, while compensating the owner or occupant of the land for any actual damage suffered.

R. S. 1964, c. 84, s. 28; 1999, c. 40, s. 251.

29. The provisions of sections 21 to 25 of this Act shall apply to the expropriation authorized by this division.

R. S. 1964, c. 84, s. 29.

DIVISION VI DRIVING OF TIMBER

§ 1 . — Right of Driving Timber down Watercourses, and of Constructing Works for such Purpose

30. (1)  This division shall not apply to dams, weirs or bridges erected in or over rivers, streams or creeks, nor to anything done bona fide in or for erecting such dams, weirs or bridges, nor to any obstruction caused by trees cut down or felled for the purpose of being used as bridges, unless the flow of water or the passing of rafts be impeded.

(2)  Nothing in this division shall affect the rights of joint stock companies for driving timber.

(3)  The work “timber” means saw logs, timber for building purposes and all other kinds of timber.

R. S. 1964, c. 84, s. 30.

31. Subject to the provisions of this division, any person or partnership may, during the spring, summer and autumn freshets, drive or float timber, rafts and craft down any river, lake, pond, stream or creek in Québec.

R. S. 1964, c. 84, s. 31; 1999, c. 40, s. 251.

32. It shall be and always has been lawful to erect and maintain dams, slides, aprons, booms, gate-locks or other necessary works to facilitate the floating or transmission of timber, rafts or craft down such rivers, streams, lakes, ponds or creeks, to blast rocks, dredge or remove sand-banks, or to remove trees, shrubs or other obstacles, without, however, doing any damage to such rivers, lakes, ponds, streams or creeks.

If it be absolutely necessary for the construction of such improvements to take and occupy any private property, expropriation proceedings shall be taken for the land strictly required for such purpose.

No work to which this division applies shall be carried on in rivers to which salmon resort, unless previously authorized by the Government, which shall determine how the work is to be done and the conditions to which it shall be subject.

R. S. 1964, c. 84, s. 32.

33. (1)  No work of improvement mentioned in section 32, of which the construction, execution or maintenance necessitates the taking possession or occupation of any public or private property, or prejudicially affects either of such properties, or any rights, public or private, either by the backing up of the water or otherwise, may be constructed, executed or maintained unless the plan and specifications relating thereto have previously been approved by the Government.

(2)  If any such work be constructed without such approval, or if, after having been constructed, it be not kept up in accordance with the plan and specifications which have been so approved, the demolition of such work, and the restoration of such lands, either public or private, to their original condition or to a condition as nearly as possible approaching thereto, may be ordered, by any court of competent jurisdiction, upon an ordinary action instituted by the Attorney General or by any interested party, according as the land taken, occupied or affected is public or private property, without prejudice to any other recourse at law.

R. S. 1964, c. 84, s. 33; 1999, c. 40, s. 251.

34. Notwithstanding the provisions of subsection 2 of section 33, in the case of any such work affecting public property, which has been constructed without such approval, or if, after such approval, such work has not been constructed, or maintained in accordance with the plans and specifications approved, the Government may authorize the Minister of Sustainable Development, Environment and Parks to open or close the dams, sluiceways, flood-gates, water-gates or other apparatus to empty the water from such work, and to take the necessary measures to keep such apparatus open or closed, as the case may be, during the time it prescribes, the whole so as to put an end to the flooding or the encroachment so caused upon such public property.

R. S. 1964, c. 84, s. 34; 1968, c. 34, s. 2; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

35. (1)  Any person or partnership intending to execute or constructing any work or improvement referred to in section 32, must apply to the Government for approval of the plans and specifications. The application must be forwarded to the Minister of Sustainable Development, Environment and Parks, with a plan, specifications and a memorandum showing the nature of the work or improvement and the land or lands which will be affected.

(2)  If any part of the lands or rights taken, occupied or affected belong to an individual, it shall likewise be obligatory to:

(a)  deposit a duplicate or a copy of the plan and specifications mentioned in subsection 1 of this section at the registry office of the registration division where it is intended to carry on the work, where they may be examined by any person during office hours; and

(b)  give a notice, in accordance with form 2, of the application and of the deposit of such plan and specifications, by advertisement published once in the Gazette officielle du Québec, and also in the locality where it is intended to carry on the work, in the manner in which municipal public notices are there published; however, when the work has to be carried on in a territory not yet organized, the notice in the Gazette officielle du Québec shall suffice.

R. S. 1964, c. 84, s. 35; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1997, c. 43, s. 642; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

36. The Government may approve purely and simply, any plan and specifications submitted for approval under section 35, or may approve them subject to such modifications and conditions as it may deem useful or expedient, or may refuse to approve them.

R. S. 1964, c. 84, s. 36.

37. If the construction and maintenance of any such work necessitate the taking possession or occupation of any lands in the domain of the State, or if such work must have the effect of flooding or otherwise prejudicially affecting such public lands or any other rights of Québec, it shall be necessary to obtain from the Government, in advance, in addition to the approval referred to in section 36, in consideration of an annual rental or other remuneration, a concession of the lands or the public rights which will be so taken, occupied or affected.

R. S. 1964, c. 84, s. 37; 1987, c. 23, s. 76; 1999, c. 40, s. 251.

38. The Government may make, amend or repeal any tariff of fees that it may deem just, in regard to the approval of plans and specifications submitted under subsection 1 of section 35, and the examination and study found necessary.

R. S. 1964, c. 84, s. 38.

39. Sections 33 to 38 shall not apply to any work or improvement of the same nature as those mentioned in such sections, which has been executed or constructed before 9 February 1918, nor to any work or improvement of a temporary nature which it may become necessary to execute or construct during the actual operation of the driving or floating of any timber, raft or craft.

R. S. 1964, c. 84, s. 39.

40. (1)  Every person or partnership owning, possessing, controlling or operating, on 9 February 1918, any work or improvement of the nature of those to which sections 33 to 38 applies, must, within 15 months following the said date, furnish to the Minister of Natural Resources and Wildlife a plan and specifications showing the locality or localities in which such work or improvement is situated, its nature, and approximately the area of land, and the rights, either public or private, affected by the backing up of the water or otherwise, by reason of the existence of such works or improvement.

(2)  On failure of the person above-mentioned to furnish the said plan and specifications within the prescribed time, the Minister of Sustainable Development, Environment and Parks may have the same prepared at the expense of such person.

(3)  Within two months after the receipt or the preparation of such plan and specifications by the Minister of Sustainable Development, Environment and Parks, the person owning, possessing, controlling or operating such work or improvement must obtain from the Government, in consideration of an annual rental or other remuneration, a concession of the land or of the public rights which will be taken, occupied or affected.

(4)  On failure of the person obliged thereto to obtain such concession within the above time, the Government may fix the remuneration which such person shall be bound to pay.

(5)  Nevertheless the Government may always, if it deems it expedient, notwithstanding the expiration of the two months and the fixing of the remuneration mentioned in subsection 3 of this section, proceed to grant the concession of the said lands or public rights, as if the time had not expired or the remuneration had not been fixed.

R. S. 1964, c. 84, s. 40; 1979, c. 49, s. 37; 1979, c. 81, s. 20; 1994, c. 13, s. 15; 1994, c. 17, s. 63; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

41. If any person construct or execute any work necessary to facilitate the driving or floating of timber, rafts or craft down a river, creek or stream which was not navigable or floatable before such work, or improve the floatability of such river, stream or creek, even if the improvement be on private property, he shall not thereby have the exclusive right to the use of such river, stream or creek or of such work or improvement; but any other person may use the same to drive or float timber, rafts or craft, doing no unnecessary damage to the works or improvements or to the banks of such river, stream or creek, and further paying, to the person who has made such construction or improvements, the tolls determined by order of the Government upon a petition to that effect presented by the owner or other parties interested, upon the report of the Minister of Sustainable Development, Environment and Parks, after inspection of the works or improvements by an engineer or any other competent person. The tariff shall be based on the value of the works or improvements, the amount required for their maintenance, and any other consideration that may be found just and equitable.

Notice of such inspection shall be given in the Gazette officielle du Québec and in one or two newspapers published in the district, and, if there be no newspapers published in the district, then in one or two newspapers published in a neighbouring district, at least 15 days before it is begun.

All the costs incurred in fixing such tolls shall be borne by the person who applied for the fixing thereof.

The tolls so fixed may be amended and shall remain in force until replaced or abolished.

The Minister of Sustainable Development, Environment and Parks may order an investigation to establish the nature, value and costs of works so executed and constructed in rivers, lakes, ponds, creeks or streams to facilitate the driving of timber, or the tariff of tolls that should justly be established, to be made by any court, person or commission he may indicate, and which shall report to him.

R. S. 1964, c. 84, s. 41; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

42. (Repealed).

R. S. 1964, c. 84, s. 42; 1992, c. 57, s. 689.

43. (Repealed).

R. S. 1964, c. 84, s. 43; 1965 (1st sess.), c. 80, a. 1; 1992, c. 57, s. 689.

44. No person may exercise the rights and privileges conferred by this division without being liable for all damages caused by his operations on rivers, streams, creeks, lakes or ponds, or on the banks thereof.

R. S. 1964, c. 84, s. 44.

§ 2 . — Logs on Lakes, Rivers and Streams

45. Unless the person claiming or detaining them proves his exclusive right of ownership or possession, all unmarked logs or logs from which the marks are effaced, on lakes, rivers or streams or on their shores or banks or in the sorting booms, shall belong to all the persons who have driven or floated logs on such lake, river or stream during the same season, in proportion to the number of logs which such persons have respectively manufactured, put into the water and driven.

R. S. 1964, c. 84, s. 45.

46. Every person manufacturing logs intended to be driven on any lake, river or stream shall, on demand of any person who is himself engaged in manufacturing logs intended to be driven on the same lake, river or stream, furnish to such person, before the driving season begins, a statement of the logs so manufactured, verified by solemn declaration; and, on failure so to do within a reasonable time, the person so in default shall not be entitled to claim, under section 45, any unmarked logs or logs from which the marks have been effaced.

R. S. 1964, c. 84, s. 46.

47. Whenever logs or other timber belonging to more than one person, and which are being driven or floated down any stream, are stopped in their descent by any obstruction or by any other cause or by coming into contact with other logs themselves stopped in their descent, the same under such circumstances that during a period of at least ten days such logs cannot be further driven without the agency of man, then, in such case, if all the owners of the said logs or timber do not, within ten days, agree as to the manner of carrying out the driving thereof, the same may be driven as provided in sections 48 to 50.

R. S. 1964, c. 84, s. 47.

48. (1)  When any one of such owners, in order to continue the driving of his logs or timber, is obliged to drive also the logs or timber of one or more of the other owners, and the latter refuse or neglect to lend their assistance, he may send them a notice under his signature, addressed to each one of them by registered mail, notifying them that on the day and at the hour mentioned in the notice, he will recommence the driving of the logs or other timber, indicating in the notice where the logs or timber are situated, and informing them that he will hold each one of them responsible for a share of the expenses proportional to the quantity of logs or timber he has to drive.

(2)  The day indicated in the notice for the recommencement of the driving shall not be less than seven clear days from the date when, in the usual course of the post, all notices should have reached the post-office of their destination.

(3)  Several owners whose driving of logs or timber is so stopped may act together and proceed in conformity with the provisions of this section.

R. S. 1964, c. 84, s. 48; 1975, c. 83, s. 84; I.N. 2016-01-01 (NCCP).

49. If more than one notice be sent, the person or persons who sent the notice which was first put into the post-office shall have the prior right to drive the said logs.

R. S. 1964, c. 84, s. 49.

50. At the day and hour specified in his or their notice, the person or persons sending the first or the only notice may proceed to drive the said logs or timber, doing the same as promptly, efficiently and economically as possible; and the cost thereof, except as otherwise agreed, shall be borne by each owner of such logs or timber in proportion to the quantity thereof belonging to him.

R. S. 1964, c. 84, s. 50.

§ 3 . — Offences and Recovery of Damages

1990, c. 4, s. 770.

51. Subject to any jurisdiction of the Dominion of Canada in this respect and to the provisions of any acts passed in the exercise of such jurisdiction, any person who throws into any river, stream, creek or brook, any bark, slabs, waste stuff or other refuse of any saw mill, or stump, root, shrub, tan-bark or leached ashes, and allows the same to remain and to obstruct such river, stream, creek or brook, shall incur a penalty of not more than $20 nor less than $0.20 for each day during which such obstruction remains there, over and above all damages resulting therefrom.

Nevertheless, if the obstruction be caused without malicious intent, in good faith or in the exercise of a right, the person causing the same shall not be liable to any fine or damages unless upon failure to remove the obstruction after notice and within a reasonable time.

R. S. 1964, c. 84, s. 51.

52. Whosoever injures, damages or destroys any dam, slide, apron, boom, gate-lock or other work intended to facilitate the driving or passage of timber shall be liable to a fine of not more than $20 nor less than $2.

R. S. 1964, c. 84, s. 52; 1969, c. 21, s. 35; 1990, c. 4, s. 771.

53. (Repealed).

R. S. 1964, c. 84, s. 53; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1990, c. 4, s. 772.

§ 4 . — Protection of Bridges

54. Every owner of logs or other merchantable timber who drives the same has it driven down the floatable rivers of Québec, shall station a sufficient number of men at every bridge, built one metre or less than one metre above highwater mark, under which the said timber must pass, or shall take other precautions necessary to prevent any damage which might be caused.

If no such precautions be taken, the owner of the timber the driving or floating down of which has damaged or carried away such bridge shall, in addition to whatever recourse there may be against him, be liable to a penalty of not less than $10 nor more than $50.

R. S. 1964, c. 84, s. 54; 1977, c. 60, s. 3; 1990, c. 4, s. 773.

55. (Repealed).

R. S. 1964, c. 84, s. 55; 1965 (1st sess.), c. 17, s. 2; 1988, c. 21, s. 66; 1990, c. 4, s. 774; 1992, c. 61, s. 524.

DIVISION VII THE CONSTRUCTION AND MAINTENANCE OF RESERVOIRS FOR THE STORAGE OF THE WATER OF LAKES, PONDS, RIVERS AND STREAMS

56. Subject to the provisions of this division, of other special and general acts and to any conditions the Government may be pleased to determine, it shall be allowed to keep stored up, in all seasons, the waters of lakes, ponds, rivers and streams, with the object of conserving them so as to regulate their flow, either by their natural outlets or by a deviation therefrom, and thus to ensure a uniform supply to water-works systems and mills, and a constancy of hydraulic power, and, for that object, to construct and maintain dams, dikes, embankments and accessories and other necessary or useful works.

R. S. 1964, c. 84, s. 56.

57. (1)  No work mentioned in section 56 of which the construction or maintenance necessitates the taking possession or occupation of any public or private property, or prejudicially affects either of such properties, or any rights, public or private, either by the backing up of the water or otherwise, may be constructed or maintained unless the plan and specifications relating thereto have previously been approved by the Government.

If the work for which the approval contemplated by the preceding paragraph has been obtained be not effected within two years from the date of the approval, the latter shall lapse pleno jure, unless the Government have extended such time.

(2)  If any such work be constructed without such approval, or if, after having been constructed, it be not kept up in accordance with the plans and specifications which have been so approved, the demolition of such work and the restoration of such lands, either public or private, to their original condition or to a condition as nearly as possible approaching thereto, may be ordered, by any court of competent jurisdiction, upon an ordinary action instituted by the Attorney General or by any interested party, according as the land taken, occupied or affected is public or private property, without prejudice to any other recourse at law.

R. S. 1964, c. 84, s. 57; 1999, c. 40, s. 251.

58. Notwithstanding the provisions of subsection 2 of section 57, in the case of any such work affecting public property, which has been constructed without such approval, or if, after such approval, such work has been constructed or maintained in accordance with the plans and specifications approved, the Government may authorize the Minister of Sustainable Development, Environment and Parks to open or close the dams, sluiceways, flood-gates, water-gates or other apparatus to empty the water from such work, and to take the necessary measures to keep such apparatus open or closed, as the case may be, during the time it prescribes, the whole so as to put an end to the flooding or the encroachment so caused upon such public property.

R. S. 1964, c. 84, s. 58; 1968, c. 34, s. 3; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

59. Any person or partnership intending to construct any such work must apply to the Government for approval of the plans and specifications. The application must be forwarded to the Minister of Sustainable Development, Environment and Parks, with plans, specifications and a memorandum showing:

(1)  the description of the land where the proposed work will be constructed;

(2)  the area, the description and the nature of the lands, as well as the other rights which will be affected by the backing up of the water;

(3)  the area of the basin drained by the lake, the pool, the river or the stream and the tributaries thereof which will be affected;

(4)  the nature and approximate cost of the proposed work;

(5)  the increase in the volume of water which will result therefrom;

(6)  the total quantity of the flow, and of the volume of water which such lake, pool, river or stream so improved will produce.

R. S. 1964, c. 84, s. 59; 1972, c. 49, s. 130; 1979, c. 49, s. 17; 1994, c. 17, s. 63; 1997, c. 43, s. 643; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

60. If any part of the lands or rights taken, occupied or affected belong to an individual, it shall likewise be obligatory to

(1)  deposit a duplicate or a copy of the plan and specifications mentioned in section 59 at the registry office of the registration division where it is intended to carry on the work, where they may be examined by any person during office hours; and

(2)  give a notice, in accordance with form 3, of the application and of the deposit of such plan and specifications, by advertisement published once in the Gazette officielle du Québec, and also in the locality where it is intended to carry on the work, in the manner in which municipal public notices are there published; however, when the work has to be carried on in a territory not yet organized, the notice in the Gazette officielle du Québec shall suffice.

R. S. 1964, c. 84, s. 60.

61. The Government may approve, purely and simply, any plan and specifications submitted for approval under this division, or may approve them subject to such modifications and conditions as it may deem useful or expedient, or may refuse to approve them.

R. S. 1964, c. 84, s. 61.

62. If it be indispensable, for the construction and maintenance of any such work, to take or occupy any part whatever of a private property, or if such work must have the effect of flooding or otherwise prejudicially affecting such property or any other private right, proceedings must be taken, failing an agreement, for the expropriation of the land absolutely necessary, and, in every case, for the appraisal of the damages caused by the construction or the maintenance of the work.

No expropriation may be held under this section, save for the construction or maintenance of a work which is intended, either alone or with other works, to supply a fall or a rapid giving a natural power of at least 150 KW, or a water-works system for domestic or industrial purposes, and may not, in any case, be held to the prejudice of any industry already established, of a water-works system supplying, either wholly or partially, the territory of a municipality, nor of any privilege granted by a special Act.

R. S. 1964, c. 84, s. 62; 1977, c. 60, s. 4; 1996, c. 2, s. 863.

63. If the construction and maintenance of any such work necessitate the taking possession or occupation of any lands in the domain of the State, or if such work must have the effect of flooding or otherwise prejudicially affecting such public lands or any other right of Québec, it shall be necessary to obtain from the Government, in advance, in addition to the approval referred to in section 61, in consideration of an annual rental or other remuneration, a concession of the lands or the public rights which will be so taken, occupied or affected.

R. S. 1964, c. 84, s. 63; 1987, c. 23, s. 76; 1999, c. 40, s. 251.

64. The owner of any work constructed or maintained to facilitate the driving of timber in accordance with the provisions of division VI of this Act, may make use thereof—with or without any alterations—for the purpose of storing the water at all seasons for any of the objects set out in section 56, on compliance with the provisions of this division, which shall thereafter apply to such work as well as to the person or partnership owning, possessing or operating the same, as if such work had been originally constructed for the storage of water in all seasons.

R. S. 1964, c. 84, s. 64; 1999, c. 40, s. 251.

65. The Government may, on the report of the Minister of Sustainable Development, Environment and Parks, on the application of any person or partnership owning, possessing or operating a reservoir formed by any work coming within the scope of section 56, establish a tariff fixing the amount which any other person or partnership must pay periodically to the said owner or possessor of or person operating such reservoir, for the use it may make of any quantity of water stored in excess of the volume which such lake, pool, river or stream would have furnished if such work had not been constructed.

Such tariff shall be based on the total value of the work and improvements, on the cost of maintenance and on any other consideration which may be deemed just and equitable.

All expenses incurred with a view to arrive at and fix the said tariff shall be at the charge of the person applying therefor.

R. S. 1964, c. 84, s. 65; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1997, c. 43, s. 644; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

66. The Government may make, amend or repeal any tariff of fees, as it may deem just, in regard to the approval of plans and specifications submitted under section 59, and the examination and study found necessary.

R. S. 1964, c. 84, s. 66.

67. The Government may, at any time, when it deems it in the public interest, acquire by agreement any work coming within the scope of this division.

The purchase price of such work, as well as the costs of such purchase, shall be taken out of the funds which are voted for that purpose by Parliament.

R. S. 1964, c. 84, s. 67.

DIVISION VIII CHARGES

1999, c. 12, s. 2.

68. Every holder of hydraulic powers in Québec shall pay into the Generations Fund referred to in the Act to reduce the debt and establish the Generations Fund (chapter R-2.2.0.1), per 1,000 kilowatt-hours of electricity generated during the year and derived from such hydraulic powers, a charge of

(1)  $2.31 for the period extending from 10 May 1995 to 31 December 1995;

(2)  $2.01 for the period extending from 1 January 1996 to 31 December 1996;

(3)  $2.16 for the period extending from 1 January 1997 to 31 December 1997;

(4)  $2.31 for the period extending from 1 January 1998 to 31 December 2000.

From 1 January 2001, the rate of the charge shall be adjusted on 1 January each year according to the percentage of increase, in relation to the preceding year, in the Consumer Price Index for Canada, as published by Statistics Canada under the Statistics Act (Revised Statutes of Canada, 1985, chapter S-19). For such purpose, the Consumer Price Index for a year is the average monthly index for the 12 months ending on 30 September of the preceding year.

Where an annual average or the percentage computed under the second paragraph or where the rate of the charge thus adjusted has more than two decimals, only the first two decimals are kept and the second decimal is increased by a unit if the third decimal is 5 or over.

The Minister of Natural Resources and Wildlife shall publish, in the Gazette officielle du Québec, the rate of the charge thus adjusted.

The charge provided for in this section is in addition to any other contractual charge that the holder may be obligated to pay.

R. S. 1964, c. 84, s. 68; 1977, c. 60, s. 5; 1978, c. 39, s. 1; 1979, c. 81, s. 20; 1982, c. 62, s. 143; 1984, c. 47, s. 144; 1990, c. 6, s. 1; 1994, c. 13, s. 15; 1996, c. 37, s. 1; 1999, c. 12, s. 3; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2006, c. 24, s. 18.

For 2016, every holder of hydraulic powers shall pay a charge of $3.16 per 1,000 kilowatt-hours of gross electricity generated. (2015) 147 G.O. 1, 1256.

68.1. The operator of a private electric power system governed by the Act respecting municipal and private electric power systems (chapter S-41) that provides electric power it produces to a person that is not part of the system must pay the Minister of Natural Resources and Wildlife the charge fixed by government regulation.

This section does not apply to a Hydro-Québec electric power purchase program approved by the Régie under section 74.3 of the Act respecting the Régie de l’énergie (chapter R-6.01).

This section does not apply to an operator that, before 13 December 2006, was authorized by the Government to provide electric power to a person that is not part of its system.

2006, c. 46, s. 59.

69. (Repealed).

R. S. 1964, c. 84, s. 69; 1978, c. 39, s. 1; 1979, c. 81, s. 20; 1982, c. 22, s. 1; 1984, c. 47, s. 145.

69.1. (Repealed).

1978, c. 39, s. 1; 1979, c. 81, s. 20; 1982, c. 22, s. 2; 1984, c. 47, s. 146.

69.2. Section 68 does not apply to Hydro-Québec or to a municipality, an electricity cooperative established under the Rural Electrification Act (1945, chapter 48) or to a mandatary of the State.

However, the exemption provided in the first paragraph does not apply to Hydro-Québec or to a regional county municipality that is a partner in a limited partnership pursuant to section 111 of the Municipal Powers Act (chapter C‐47.1).

1978, c. 39, s. 1; 1996, c. 2, s. 864; 1999, c. 40, s. 251; 2000, c. 22, s. 67; 2005, c. 6, s. 228; 2006, c. 24, s. 19.

69.3. Every person subject to this division shall, for each year, pay into the Generations Fund the following amounts:

(1)  on or before the last day of each month of the year, an amount equal to one-twelfth of the charge payable for the preceding year or of the charge estimated for the year; or

(2)  on or before the last day of each of the first two months of the year, an amount equal to one-twelfth of the charge payable for the year preceding the year preceding that for which the instalments are computed and, on or before the last day of each of the following 10 months, an amount equal to one-tenth of the excess of the charge payable for the preceding year, over the total of the amounts computed in respect of those first two months.

On or before the last day of the period ending two months after the end of the year, he shall pay the remainder of the charge payable for that year.

1978, c. 39, s. 1; 1982, c. 22, s. 3; 1994, c. 13, s. 15; 1999, c. 12, s. 4; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2006, c. 24, s. 20.

69.4. Where the amount paid by a person subject to this division, as the charge payable for a year, before the expiry of the time allowed for the filing of the report, is less than the amount of the charge payable for that year, the person liable to pay the charge shall pay interest at the rate fixed in section 28 of the Tax Administration Act (chapter A-6.002), on the difference between those two amounts, for the period extending from the date of expiration of the time for filing the report to the day of payment; if no amount has been paid by that person, such interest is exigible, for the same period, on the total amount of the charge payable for that year.

1982, c. 22, s. 3; 1999, c. 12, s. 4; 2010, c. 31, s. 175.

69.5. In addition to the interest payable under section 69.4, the person liable to make a payment under section 69.3 shall pay interest, on every payment or part of a payment which he has not made, at the rate fixed under section 28 of the Tax Administration Act (chapter A-6.002), for the period extending from the date of expiry of the time for making the payment to the day of payment or to the date of expiry of the time for filing the report, whichever is earlier.

For the purposes of this section, a person required to make a payment under section 69.3 is deemed to have been liable to pay instalments based on that one of the methods contemplated in paragraphs 1 and 2 of section 69.3 that gives the lowest amount to be paid not later than the dates contemplated in those paragraphs by reference to:

(1)  his charge payable for the year or for the preceding year; or

(2)  his charge payable for the year preceding the year preceding that for which the instalments are computed, and his charge payable for the year preceding that for which the instalments are computed.

1982, c. 22, s. 3; 1999, c. 12, s. 4; 2010, c. 31, s. 175.

69.6. Every person required to pay an instalment under section 69.3 must, in addition to the interest payable under sections 69.4 and 69.5, pay additional interest at the rate of five per cent per annum on any unpaid instalment or part of an instalment for the period for which interest is payable under section 69.5.

1982, c. 22, s. 3.

70. Every person required to pay an instalment under section 69.3, or the person’s mandatary, must send to the Minister of Natural Resources and Wildlife and to the Minister of Finance a report, supported by an affidavit from the declarant, establishing the total kilowatt-hours of electricity generated during the year in his plants situated in Québec.

The Minister of Natural Resources and Wildlife is responsible for the collection of the charges. The Minister may, by himself or by any person whom he designates and by all means he deems proper, inquire into the accuracy of such reports and, for such purpose, he, as well as the persons delegated by him, have a right of free access to the books, invoices, estimates, accounts and other records of such holders and owners, and may demand from their officers and employees all the information necessary to establish the accuracy of the reports.

R. S. 1964, c. 84, s. 70; 1979, c. 81, s. 20; 1982, c. 22, s. 4; 1994, c. 13, s. 15; 1999, c. 12, s. 5; 2003, c. 8, s. 6; 2006, c. 3, s. 35; 2006, c. 24, s. 21; I.N. 2016-01-01 (NCCP).

DIVISION IX CONSTRUCTION AND MAINTENANCE OF OTHER DAMS AND SIMILAR WORKS

71. Notwithstanding any inconsistent provision of any general law or special Act, no person shall erect and maintain a dam, dike, causeway, sluice, embankment or other work serving to retain the waters of a lake, pond, river or stream unless the plans and specifications relating thereto have been approved by the Government, except in the case of works for which plans and specifications must be submitted for the approval of the Government under other provisions of this Act or of works of a temporary nature contemplated in section 39.

1968, c. 34, s. 4.

72. (1)  If the work for which approval has been obtained under section 71 is not carried out within two years from the date of approval, the approval shall lapse pleno jure, unless the Government has extended such time.

(2)  If such a work is constructed without such approval or if, after construction, it is not maintained in accordance with the plans and specifications so approved, the demolition of the work and the restoration of the land to its original condition or to a condition as nearly as possible approaching thereto may be ordered by any competent court at the suit of the Attorney General, without prejudice to any other legal recourse.

1968, c. 34, s. 4; 1999, c. 40, s. 251.

73. Notwithstanding the provisions of subsection 2 of section 72, in the case of any such work which has been constructed without such approval, or if, after such approval, such work has not been constructed or maintained in accordance with the plans and specifications approved, the Government may authorize the Minister of Sustainable Development, Environment and Parks to open or close the dams, sluiceways, flood-gates, water-gates or other apparatus to empty the water from such work, and to take the necessary measures to keep such apparatus open or closed, as the case may be, during the time it prescribes, so as to put an end to the flooding or the encroachment caused by such work.

1968, c. 34, s. 4; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

74. Any person or partnership intending to construct any such work must apply to the Government for approval of the plans and specifications. The application must be forwarded to the Minister of Sustainable Development, Environment and Parks, with plans, specifications and a memorandum showing:

(1)  The description of the land where the proposed work will be constructed;

(2)  The area, the description and the nature of the lands, as well as the other rights which will be affected by the backing up of the water;

(3)  The area of the basin drained by the lake, the pond, the river or the stream and the tributaries thereof which will be affected;

(4)  The nature and approximate cost of the proposed work;

(5)  The increase in the volume of water which will result therefrom;

(6)  The total quantity of the flow, and of the volume of water which such lake, pond, river or stream so improved will produce.

1968, c. 34, s. 4; 1972, c. 49, s. 131; 1979, c. 49, s. 18; 1994, c. 17, s. 63; 1997, c. 43, s. 645; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

75. The Government may approve, purely and simply, any plans and specifications submitted for approval under this division, or may approve them subject to such modifications and conditions as it may deem useful or expedient, or may refuse to approve them.

1968, c. 34, s. 4.

76. If the construction and maintenance of any such work necessitate the taking possession or occupation of any lands in the domain of the State, or if such work must have the effect of flooding or otherwise prejudicially affecting such public lands or any other right of the domain of the State, it shall be necessary to obtain from the Government, in advance, in addition to the approval referred to in section 75, in consideration of an annual rental or other remuneration, a concession of the lands or the public rights which will be so taken, occupied or affected.

1968, c. 34, s. 4; 1987, c. 23, s. 76; 1999, c. 40, s. 251.

77. The Government may make, amend or repeal any tariff of fees that it may deem just, in regard to the approval of plans and specifications submitted under section 74, and the examination and study found necessary.

1968, c. 34, s. 4.

78. The Government may, at any time, when it deems it in the public interest, acquire by agreement any work coming within the scope of this division.

The purchase price of such work, as well as the costs of such purchase, shall be taken out of the funds which are voted by Parliament.

1968, c. 34, s. 4.

79. Any person who constructs a work contemplated in section 71 when the plans and specifications relating thereto have not been approved by the Government, or who fails to maintain the same in conformity with the plans and specifications approved by the Government, is guilty of an offence and liable to a fine of $100 to $1,000.

1968, c. 34, s. 4; 1990, c. 4, s. 775.

DIVISION X EMERGENCY RECOURSES

80. In this division, the word “work” includes any dam, dike, causeway, sluice, embankment or other construction, even if made in conformity with the plans and specifications approved by the Government, and at whatever time made.

1968, c. 34, s. 4.

81. When a work serving to retain the waters of a lake, pond, river or stream is in such condition as to endanger persons or property, any judge of the Superior Court sitting in the district where such work is located may, upon an application by the Attorney General and presented even during a suit, order the owner of such work to perform the works necessary to ensure the safety of such persons or property or, if there is no other effective remedy, to demolish the work within such time as he fixes, and order that, on failure to do so within such time, the Minister of Sustainable Development, Environment and Parks may perform such works or effect such demolition at the expense of the owner.

In cases of exceptional urgency, the judge may authorize the Minister of Sustainable Development, Environment and Parks to perform such works or effect such demolition forthwith, and the Attorney General may claim the cost thereof from the owner.

When the owner of the work is unknown or of doubtful identity or cannot be found, the judge may authorize the Minister of Sustainable Development, Environment and Parks to perform the works or effect the demolition forthwith, and the Attorney General may claim the cost thereof from the owner if he ever identifies or finds him.

1968, c. 34, s. 4; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1999, c. 40, s. 251; 1999, c. 36, s. 158; 2006, c. 3, s. 35; I.N. 2016-01-01 (NCCP).

82. Such application shall be accompanied by a report by a member of the Ordre des ingénieurs du Québec establishing that it is urgent that the application be granted and it shall be served in the manner prescribed by the judge unless he dispenses with service.

1968, c. 34, s. 4; 1977, c. 5, s. 229; 1994, c. 40, s. 457; I.N. 2016-01-01 (NCCP).

83. The application shall be heard and decided by preference; when it is presented, the judge may authorize the parties to file a written contestation within such time as he determines and fix a date for trial; he may also require any evidence that he deems necessary.

1968, c. 34, s. 4; 1999, c. 40, s. 251; I.N. 2016-01-01 (NCCP).

DIVISION XI FINAL PROVISIONS

1982, c. 25, s. 36.

84. Any person specially authorized in writing by the Minister of Sustainable Development, Environment and Parks may, at any reasonable time, enter upon and pass over any property where any construction or work referred to in section 80 is located to investigate any matter relating to the construction or work, or to any change in the flow of water resulting from such construction or work.

Any person exercising the powers referred to in the first paragraph shall, on request, identify himself and produce a certificate of his capacity signed by the Minister.

1968, c. 34, s. 4; 1979, c. 49, s. 37; 1986, c. 95, s. 295; 1994, c. 17, s. 63; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

85. Any person who hinders or attempts to hinder in any way a person doing anything that he is authorized to do by section 84 is guilty of an offence and liable to a fine of not more than $500.

1968, c. 34, s. 4; 1990, c. 4, s. 776.

86. Whoever files or signs a false attestation of conformity for the purposes of subsection 1 of section 57 or the first paragraph of section 71 is guilty of an offence which renders him liable to the penalties provided for in section 106 of the Environment Quality Act (chapter Q-2).

1982, c. 25, s. 37; 1992, c. 61, s. 525.

87. The Minister shall send to the trustee of the professional order, for investigation, the case of any member of that order prosecuted under section 86 for having signed a false attestation of conformity in his capacity as a professional.

1982, c. 25, s. 37; 1994, c. 40, s. 457.

88. The Government may make regulations

(a)  to recognize floodplains for the purposes of section 8;

(b)  to establish norms respecting the erection and maintenance of works contemplated in sections 56 and 71;

(c)  to identify categories of persons qualified to sign an attestation of conformity as a “consultant”.

1982, c. 25, s. 37.

89. A regulation made under this Act comes into force on the date of its publication in the Gazette officielle du Québec or on any later date provided in the regulation.

Before a regulation is adopted, the Minister shall publish a draft of the regulation in the Gazette officielle du Québec with a notice that at the expiry of sixty days following publication, it will be submitted to the Government for adoption.

1982, c. 25, s. 37.

90. (This section ceased to have effect on 17 April 1987).

1982, c. 21, s. 1; U. K., 1982, c. 11, Sch. B, Part I, s. 33.

FORMS

FORM 1

(Repealed)

R. S. 1964, c. 84, form 1; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1996, c. 2, s. 865.

FORM 2

(Section 35)

Notice of Application and Deposit of Plan and Specifications

Public notice is hereby given, in accordance with section 35 of the Watercourses Act (chapter R-13), that (name and address of the person intending to execute the work) intends to execute the following work (state here the nature of the work), at (designate the locality).

Notice is also given that a petition to that effect, accompanied by a plan and specifications showing the nature of the work or of the improvement (as the case may be), and the land which will be affected by such work, has been forwarded to the Minister of Sustainable Development, Environment and Parks, and that a duplicate of such plan and specifications has been deposited at the registry office of the registration division of .............. at ..............

The application contained in the petition will be taken into consideration by the Government on or after the tenth day following the date of the publication of this notice in the Gazette officielle du Québec.

(Signature)

Petitioner.

R. S. 1964, c. 84, form 2; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1996, c. 2, s. 866; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

FORM 3

(Section 60)

Notice of Application and Deposit of Plan and Specifications

Public notice is hereby given in accordance with section 60 of the Watercourses Act (chapter R-13), that .............. (name and address of the person intending to execute the work) intends to execute the following work (state here the nature of the work), to store at all seasons the waters of (here indicate the lake, pool, river or stream in question), with the object of conserving them so as to regulate their flow, and thus to ensure a uniform supply to waterworks systems and to mills, and a constancy of hydraulic power.

Notice is also given that a petition to that effect, accompanied by a plan and specifications showing the site and the nature of the work or of the improvement (as the case may be), and the land which will be affected by such work, has been forwarded to the Minister of Sustainable Development, Environment and Parks, and that a duplicate of such plan and specifications has been deposited at the registry office of the registration division of .............. at ..............

The application contained in the petition will be taken into consideration by the Government on or after the tenth day following the date of the publication of this notice in the Gazette officielle du Québec.

(Signature)

Petitioner.

R. S. 1964, c. 84, form 3; 1979, c. 49, s. 37; 1994, c. 17, s. 63; 1996, c. 2, s. 867; 1999, c. 36, s. 158; 2006, c. 3, s. 35.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 84 of the Revised Statutes, 1964, in force on 31 December 1977, is repealed effective from the coming into force of chapter R-13 of the Revised Statutes.