S-3.1.01 - Dam Safety Act

À jour au 12 mai 2022

Ce document a valeur officielle.

chapter S-3.1.01

Dam Safety Act

CHAPTER I GENERAL PROVISIONS

1. The purpose of this Act is to increase the safety of the dams to which the Act applies and thereby protect persons and property against the risks associated with the presence of dams.

2000, c. 9, s. 1.

2. For the purposes of this Act, “dam” means any works 1 metre or more in height, constructed across a watercourse or at the outlet of a lake and resulting in the creation of a reservoir.

Any other works intended to impound all or part of the water stored in such a reservoir shall be considered to be a dam.

In addition, a person holding or operating a dam shall be considered to be a dam owner.

2000, c. 9, s. 2; 2021, c. 7, s. 93.

2.1. Every dam must be maintained in working order such that it is unlikely to compromise the safety of persons or property.

The Government may, by regulation, establish rules with regard to maintaining dams in such working order.

2022, c. 8, s. 141.

2.2. Dams are classified according to whether they belong to the class of high-capacity dams, low-capacity dams or small dams.

The following dams are considered to be high-capacity dams:

(1)  dams 1 metre or more in height having an impounding capacity greater than 1,000,000 m3; and

(2)  dams 2.5 metres or more in height having an impounding capacity greater than 30,000 m3.

Dams 2 metres or more in height to which the second paragraph does not apply are considered to be low-capacity dams.

Dams 1 metre or more in height to which the second and third paragraphs do not apply are considered to be small dams.

If there are two or more dams on the rim of a single reservoir, all of them belong to the most restrictive class applicable to one of them.

2022, c. 8, s. 141.

2.3. The classification provided for in section 2.2 is effected and reviewed by the Minister in accordance with the conditions determined by government regulation.

Before making a decision on the classification of a dam or the revision of that classification, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the owner of the dam and grant the owner at least 15 days to submit observations and documents in support of them.

The Minister’s decision may be contested by the owner before the Administrative Tribunal of Québec within 30 days of the decision’s notification.

2022, c. 8, s. 141.

3. This Act is binding on the Government, on government departments and on bodies that are mandataries of the State.

2000, c. 9, s. 3.

CHAPTER II PROVISIONS APPLICABLE TO HIGH-CAPACITY DAMS

4. (Repealed).

2000, c. 9, s. 4; 2022, c. 8, s. 142.

DIVISION I PROJECTS REQUIRING AUTHORIZATION

5. The construction, structural alteration or removal of any high-capacity dam requires the authorization of the Minister of Sustainable Development, Environment and Parks.

The authorization of the Minister is also required for any change in use of a high-capacity dam likely to affect the safety of the works, and for any permanent or temporary stopping of the operation of the dam.

2000, c. 9, s. 5; 2006, c. 3, s. 35.

6. An application for authorization must be filed by the promoter or the owner of the dam by way of a notice containing a general description of the project.

The following documents must be submitted in support of an application for authorization for the construction or structural alteration of a high-capacity dam:

(1)  the plans and specifications for the project, prepared by an engineer;

(2)  a certificate of an engineer stating that the plans and specifications conform to the safety standards prescribed by the Government by regulation.

The Government may, by regulation, determine the other information or documents to be submitted with an application for authorization.

2000, c. 9, s. 6.

7. Any modification to the plans and specifications must be prepared by an engineer and, if it results from a complete or partial update of studies, calculations or opinions submitted in support of the application for authorization, must be submitted to the Minister for approval before the work concerned by the modification is undertaken.

The following documents must be submitted in support of an application for approval:

(1)  the modified plans and specifications, as well as a consequent update of the information and documents concerned; and

(2)  a certificate of an engineer stating that the modified plans and specifications conform to the safety standards prescribed by government regulation.

The Government may, by regulation, determine the other information or documents that must be submitted with an application for approval.

2000, c. 9, s. 7; 2022, c. 8, s. 143.

8. The Minister may require an applicant to submit any information, document, study or expert opinion the Minister considers necessary to the assessment of an application for authorization or an application for approval.

2000, c. 9, s. 8; 2022, c. 8, s. 143.

9. On issuing an authorization or an approval, the Minister may fix the time within which the work concerned must be completed and prescribe any other condition.

2000, c. 9, s. 9; 2022, c. 8, s. 143.

10. On completion of the work authorized under section 5, the owner must inform the Minister of the completion of the work and forward to the Minister, not later than 90 days after so informing the Minister, a certificate of an engineer stating that the work has been carried out in conformity with the plans and specifications and, where applicable, with the conditions set out in the authorization and with the modifications approved under section 7. The certificate must also, where applicable, mention the other modifications made to the plans and specifications for which the Minister’s approval was not required in accordance with section 7.

2000, c. 9, s. 10; 2022, c. 8, s. 143.

11. A new authorization must be sought for every proposed construction, structural alteration or removal of a high-capacity dam that is not undertaken within two years.

2000, c. 9, s. 11.

12. Every authorization granted under section 5 or approval granted under section 7 is transferable. However, the transferee is required to first send a notice of transfer to the Minister.

Within 30 days of receiving the notice, the Minister may notify to the transferor and transferee a notice of the Minister’s intention to oppose the transfer. If the Minister does not send such a notice within that time, the transfer is deemed to have been completed.

The Minister’s notice of intention must grant the transferor and transferee at least 15 days to submit their observations.

Within 15 days of receiving the observations or of the expiry of the period for submitting them, the Minister shall notify the Minister’s decision to the transferor and transferee.

Once the transfer of an authorization or an approval has been completed, the new holder has the same rights and obligations as the transferor.

2000, c. 9, s. 12; 2022, c. 8, s. 144.

13. The Minister shall maintain a register of applications for authorization and approval and shall record all authorizations and approvals granted.

The information contained in the register is public information, and the Minister shall publish it on the Minister’s department’s website.

2000, c. 9, s. 13; 2022, c. 8, s. 145.

DIVISION II CLASSIFICATION

14. Every high-capacity dam must be classified on the basis of the risk it presents for persons and property.

The classification shall be effected and kept current by the Minister according to the conditions and using the methods and parameters determined by the Government by regulation, including dam type, location, dimensions, impounding capacity, age, condition and consequences of dam failure for persons and property.

Before making a decision on a dam’s classification, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the owner of the dam and grant the owner at least 15 days to submit observations and documents in support of them.

The Minister’s decision as to the classification of a dam may be contested by the owner before the Administrative Tribunal of Québec within 30 days of notification.

2000, c. 9, s. 14; 2022, c. 8, s. 146.

DIVISION III SAFETY STANDARDS

15. The Government shall determine, by regulation, the safety standards applicable to high-capacity dams and, in particular, flood and earthquake resistance standards.

2000, c. 9, s. 15.

16. Every high-capacity dam must, at the intervals and on the other conditions determined by the Government by regulation, undergo a safety review by an engineer to assess its safety in terms of good practice and regulatory safety standards. The safety review must, in particular, identify any situation liable to compromise the safety of the works and indicate, where applicable, the proposed remedial measures.

2000, c. 9, s. 16.

17. In addition to forwarding the safety review required under section 16 to the Minister within the time fixed by the Government by regulation, the dam owner must forward for approval, within the same time, an outline of the remedial measures the owner intends to take and an implementation schedule.

The Minister’s approval may include conditions; the Minister may modify the remedial measures and implementation schedule submitted, or require the owner to submit new remedial measures and a new implementation schedule within the time the Minister fixes.

2000, c. 9, s. 17; 2022, c. 8, s. 147.

17.1. The Minister shall maintain a register of applications for the approval of outlines of remedial measures and of implementation schedules; the register must also mention any approvals granted.

The information contained in the register is public information, and the Minister shall publish it on the Minister’s department’s website.

2022, c. 8, s. 148.

18. If the owner of a dam fails to have a safety review carried out as provided in section 16, to implement approved remedial measures in accordance with the implementation schedule, or to submit new remedial measures or a new implementation schedule within the time fixed, the Minister may have the safety review carried out or implement any required remedial measures at the owner’s expense.

2000, c. 9, s. 18.

19. The owner of a high-capacity dam must have an impounded water management plan prepared by an engineer according to the conditions and within the time fixed by the Government by regulation, and must keep the management plan current.

In addition, the owner of the works must, in collaboration with the emergency preparedness authorities and in compliance with the conditions and time limits fixed by the Government by regulation, prepare and keep current an emergency action plan.

The owner of the works is responsible for ensuring that the plans are applied. The plans must be kept at the Minister’s disposal.

Not in force

The information contained in the impounded water management plan and in the emergency action plan is public information. The Government shall, by regulation, determine the manner in which the plans are to be made available to the public.

2000, c. 9, s. 19; 2022, c. 8, s. 149.

20. Every high-capacity dam must be monitored and maintained on a regular basis to ensure the timely detection and correction of any deficiency and to maintain the works in good repair. The Government may, by regulation, determine the conditions applicable to the monitoring of the works, including monitoring frequency and the qualifications required of the persons who perform the monitoring.

2000, c. 9, s. 20; 2022, c. 8, s. 150.

21. A register for every high-capacity dam must be established, and kept current, in which the results of the observations and monitoring performed under section 20 and all other information as may be required by the Government by regulation are recorded.

The register for the dam must remain available for inspection by the Minister.

2000, c. 9, s. 21.

22. In the event of a situation that may compromise the safety of a high-capacity dam, the dam owner must, without delay, take the necessary steps to remedy the situation; the dam owner must also, without delay, inform the Minister and, if there is a threat to persons or property, the emergency preparedness authorities.

2000, c. 9, s. 22.

22.1. In the cases and on the conditions it determines, the Government may, by regulation, exempt from any provision of this division any set of high-capacity dams that have the common characteristics that the Government determines.

In exercising its power, the Government takes in particular into consideration the classification parameters for high-capacity dams determined by regulation in compliance with the second paragraph of section 14.

2022, c. 8, s. 151.

DIVISION IV SAFETY PROGRAMS

23. An owner may, in respect of a high-capacity dam, submit a safety program to the Minister for approval that, if approved, will replace the regulatory standards prescribed pursuant to this Act and indicated in the program, other than the safety standards referred to in section 15.

The Minister shall approve the program submitted by the owner, with or without conditions, if the owner shows that the resulting level of safety under the program is equal to or greater than the level of safety that would be achieved through compliance with the regulatory standards. The Minister may also approve any safety program modification submitted by the owner that meets the requirements of this section.

No safety program may be established for a period exceeding five years.

2000, c. 9, s. 23; 2022, c. 8, s. 152.

24. The Government may, by regulation, prescribe the conditions subject to which a safety program may be approved and determine the minimal content of a safety program.

2000, c. 9, s. 24.

25. A safety program may be terminated in the manner specified in the program.

2000, c. 9, s. 25; 2022, c. 8, s. 153.

26. A person does not contravene the regulatory provisions indicated in a safety program approved by the Minister if the person complies with the corresponding provisions of the program.

2000, c. 9, s. 26.

27. The Minister shall maintain a register of approved programs containing the name and address of the beneficiaries of the programs, the designation of the dams involved, the regulatory provisions concerned and the contents of the approved substitutions. Where a program has been renewed or modified, or terminated before its expiry, the Minister shall make a mention to that effect in the register.

The information contained in the register is public information.

2000, c. 9, s. 27.

CHAPTER III PROVISIONS APPLICABLE TO LOW-CAPACITY DAMS

28. (Repealed).

2000, c. 9, s. 28; 2022, c. 8, s. 154.

29. The construction, structural alteration or removal of any low-capacity dam must be declared.

The declaration must be filed with the Minister by the promoter or owner of the dam at the same time as an application for authorization under section 22 of the Environment Quality Act (chapter Q-2), or a notice required under section 31.2 of that Act if the project is subject to an environmental assessment.

The Government shall, by regulation, determine the information to be contained in and the documents to be submitted with the declaration.

2000, c. 9, s. 29.

30. The Minister may require the person filing the declaration to submit any information, document, study or additional expert opinion the Minister considers necessary to assess the safety of the works or project.

2000, c. 9, s. 30.

CHAPTER IV ADMINISTRATIVE MEASURES

DIVISION I REGISTER OF DAMS

2022, c. 8, s. 155.

31. The Minister shall establish and keep current a register of all dams. For that purpose, every owner of a dam is required to inform the Minister of the existence of the works.

The Government shall, by regulation, prescribe the information to be recorded in the register, including the location, characteristics and classification of the dams, the documents it must contain and the conditions and time limits to be respected by the owners of the works in forwarding the information or documents to the Minister.

The information or documents contained in the register are public. The Government shall, by regulation, determine the manner in which the register is to be made available to the public. The regulation shall also prescribe the procedure for the forwarding, to the local municipalities, regional county municipalities, urban communities or the Kativik Regional Government, of any information or document contained in the register concerning a dam situated in their territory.

2000, c. 9, s. 31; 2022, c. 8, s. 156.

DIVISION II INSPECTION AND INVESTIGATION

2022, c. 8, s. 157.

32. The provisions of Chapter II of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to the inspections and investigations conducted and to the notices of execution that are notified for the purposes of this Act or the regulations.

2000, c. 9, s. 32; 2022, c. 8, s. 157.

DIVISION III ORDERS

2022, c. 8, s. 157.

33. The Minister may, for the purpose of assessing the safety of a dam, order the owner of the works to carry out any test, survey, testing or verification the Minister specifies.

The Minister may also, for the same purpose, order the owner to install, within the time specified, any device or apparatus the Minister indicates.

Furthermore, the Minister may require the owner to report, in the form and within the time the Minister determines, on any aspect of the construction or operation of the dam and to submit the report with any information or document required.

2000, c. 9, s. 33.

33.1. If a person does not comply with a provision of this Act or the regulations, with an authorization or approval granted or order issued under this Act or with a safety program approved under this Act, in particular by doing work or erecting structures or works in contravention of those provisions, or of the authorization, approval, order or safety program, the Minister may, on the conditions the Minister determines, order the person to remedy the situation by doing one or more of the following:

(1)  put a stop to the project;

(2)  demolish all or part of the work, structures or works concerned;

(3)  restore all or part of the premises to the state they were in before the work or other activities began or the structures or works were erected, or to a state approaching their original state; or

(4)  take any other measure the Minister considers necessary to remedy the situation.

2022, c. 8, s. 158.

34. Where the Minister is of the opinion that a dam does not sufficiently ensure the safety of persons or the protection of property, the Minister may order the owner of the works to take any measure the Minister considers appropriate, including the lowering of the impounded water level or the removal of the works.

2000, c. 9, s. 34.

34.1. Before making an order under section 33, 33.1 or 34, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the person concerned and grant that person at least 15 days to submit observations and documents in support of them.

Despite the first paragraph, the Minister may issue an order without first notifying the prior notice if the order is made in urgent circumstances or to prevent serious or irreparable injury or damage to persons or property. In such a case, the person on whom the order is served may, within the time the Minister specifies, submit observations to the Minister for a review of the Minister’s decision.

2022, c. 8, s. 159.

34.2. Any order issued by the Minister may be contested by the person concerned before the Administrative Tribunal of Québec, within 30 days of the order’s notification.

The proceeding brought before the Tribunal does not suspend the execution of the order unless, upon a motion heard and judged on an urgent basis, a member of the Tribunal orders otherwise by reason of urgency or of the risk of serious and irreparable injury or damage.

If the Tribunal issues such an order, the proceeding shall be heard and judged on an urgent basis.

2022, c. 8, s. 159.

34.3. The Minister may delegate the power to make an order under section 34, except the power to order the demolition of a work, to any person the Minister designates. However, that person may not make an order unless of the opinion that the situation poses a risk of serious or irreparable injury or damage to persons or property.

The order is valid for a period of not more than 90 days.

Any order following such an order may be made only by the Minister.

Any order made under this section is deemed to have been made by the Minister for the purposes of this Act.

2022, c. 8, s. 159.

34.4. The Minister may claim the direct and indirect costs of issuing an order from any person to whom the order applies.

If the order is contested before the Administrative Tribunal of Québec, the Minister’s claim is suspended until the Tribunal confirms all or part of the order.

2022, c. 8, s. 159.

34.5. In the event of non-compliance with an order, the Minister may cause the order to be carried out or the appropriate remedial measures to be taken at the owner’s expense. The Minister may recover the cost, with interest and other costs, in particular by claiming the security or guarantee furnished by the owner who has failed to comply.

2022, c. 8, s. 159.

34.6. The Minister shall maintain a register of orders made and of notices prior to such orders issued under this Act.

The information contained in the register is public information and the Minister shall publish the information on the Minister’s department’s website.

2022, c. 8, s. 159.

DIVISION IV INTERVENTION WITH THE AUTHORIZATION OF THE COURT

2022, c. 8, s. 159.

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.

DIVISION V REFUSAL, SUSPENSION, MODIFICATION AND REVOCATION

2022, c. 8, s. 159.

35.1. The Minister may refuse to grant an authorization or to give an approval required by this Act to any person who

(1)  fails to comply with the obligations incumbent on the person under the Act or the regulations; or

(2)  has made false or misleading statements to the Minister.

The Minister may also, for the same reasons, suspend or revoke an authorization or approval.

In the case of a safety program, the Minister may terminate it before its expiry if, in addition to the reasons referred to in the first paragraph, the owner no longer meets the conditions for approval of the program.

2022, c. 8, s. 159.

35.2. The Minister may, on the Minister’s own initiative, modify, suspend or revoke an authorization or approval to ensure the safety of the dam concerned.

2022, c. 8, s. 159.

35.3. Before unilaterally including conditions in an authorization or approval under section 9, 17 or 23, or making a decision pursuant to section 35.1 or 35.2, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the person and grant that person at least 15 days to submit observations and produce documents in support of them.

A decision referred to in section 35.2 may be made without first notifying the prior notice if it is made in urgent circumstances or to prevent serious or irreparable injury or damage to persons or property. In such a case, the applicant may, within the time the Minister specifies, submit observations to the Minister for a review of the Minister’s decision.

2022, c. 8, s. 159.

35.4. Any decision referred to in section 35.3 as well as any opposition to the transfer of an authorization or an approval provided for in section 12 may, within 30 days of its notification, be contested by the person concerned before the Administrative Tribunal of Québec.

The proceeding brought before the Tribunal does not suspend the execution of the decision unless, upon a motion heard and judged on an urgent basis, a member of the Tribunal orders otherwise by reason of urgency or of the risk of serious and irreparable injury.

If the Tribunal issues such an order, the proceeding shall be heard and judged on an urgent basis.

2022, c. 8, s. 159.

DIVISION VI MONETARY ADMINISTRATIVE PENALTIES

2022, c. 8, s. 159.

35.5. A monetary administrative penalty of $250 in the case of a natural person and $1,000 in any other case may be imposed

(1)  on any person who, in contravention of a provision of this Act, fails to submit a document, review or expert evaluation or to provide information or fails to do so in the prescribed time, if no other monetary administrative penalty is provided for such a failure by this Act or any of the regulations; and

(2)  on any high-capacity dam owner who, in contravention of section 21, fails to establish the required register, fails to keep it current or fails to keep it at the disposal of the Minister.

2022, c. 8, s. 159.

35.6. A monetary administrative penalty of $500 in the case of a natural person and $2,500 in any other case may be imposed on any high-capacity dam owner who,

(1)  in contravention of section 19,

(a)  fails to have an impounded water management plan prepared or updated by an engineer for the works or fails to keep it at the Minister’s disposal; or

(b)  fails to prepare or update an emergency action plan for the works or fails to keep it at the disposal of the Minister; or

(2)  in contravention of section 20, fails to comply with the conditions applicable to the monitoring of the works.

2022, c. 8, s. 159.

35.7. A monetary administrative penalty of $750 in the case of a natural person and $3,500 in any other case may be imposed

(1)  on anyone who, in contravention of section 7, fails to have the Minister approve any modification to the plans and specifications that results from a complete or partial update of studies, calculations or opinions submitted in support of an application for authorization;

(2)  on any high-capacity dam owner who,

(a)  in contravention of section 10, fails to inform the Minister that the work is completed or fails to forward the required documents within the time prescribed; or

(b)  fails to comply with the conditions for the approval of the owner’s safety program; and

(3)  on any holder of an authorization or of an approval, other than an approval relating to a safety program, who fails to comply with its conditions.

2022, c. 8, s. 159.

35.8. A monetary administrative penalty of $1,000 in the case of a natural person and $5,000 in any other case may be imposed

(1)  on any dam owner who, in contravention of the first paragraph of section 2.1, fails to maintain the dam in working order such that it is unlikely to compromise the safety of persons or property;

(2)  on any promoter or owner of a dam who

(a)  provides the Minister with erroneous information or an incomplete document for the purposes of this Act or the regulations;

(b)  carries out a project referred to in section 5 without having obtained the authorization to do so or, in the cases provided for in section 11, without having obtained a new authorization;

(c)  carries out a project under section 29 without having filed the required declaration with the Minister; and

(3)  on any high-capacity dam owner who,

(a)  in contravention of section 17, fails to forward to the Minister the safety review or fails to forward to the Minister an outline of the remedial measures the owner intends to take or the implementation schedule; or

(b)  in any situation liable to compromise the safety of the dam,

i.  fails to inform the Minister of the situation; or

ii.  where there is a threat to persons or property, fails to inform the civil protection authorities.

2022, c. 8, s. 159.

35.9. A monetary administrative penalty of $2,000 in the case of a natural person and $10,000 in any other case may be imposed

(1)  on any high-capacity dam owner who, in any situation liable to compromise the safety of the dam, fails to immediately take the measures necessary to remedy the situation; and

(2)  on anyone who

(a)  carries out a project referred to in section 5 although the Minister refused to grant the authorization to do so or suspended or revoked such an authorization; or

(b)  fails to comply with an order imposed under this Act or, in any manner whatsoever, prevents the carrying out of such an order.

2022, c. 8, s. 159.

35.10. The provisions of Chapter III of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to the imposition of a monetary administrative penalty on a person who fails to comply with a provision of this Act or the regulations.

2022, c. 8, s. 159.

CHAPTER V REGULATIONS

36. In addition to the other regulatory powers provided for in this Act, the Government may make regulations

(1)  determining the methods and criteria to be used to calculate the height of a dam and the impounding capacity;

(2)  requiring, in the cases, on the conditions and within the time it determines, liability insurance to be contracted or security or a guarantee to be furnished, and determining the extent, term, amount and other conditions applicable thereto;

(3)  prescribing, in the cases, on the conditions and within the time it determines, the creation of a special trust fund to cover the costs generated by the maintenance or, where applicable, the removal of the works, where the operation of a dam is stopped temporarily or permanently, and in particular the rules governing the financing and administration of the trust fund and the conditions applicable to the payment of sums out of the trust fund;

(3.1)  prescribing, in the cases it determines, the use of forms made available by the Minister;

(4)  fixing the file processing fees payable by any person filing a declaration or applying for an authorization or approval or for the renewal or modification of an authorization or approval, or the method and criteria to be used to calculate the fees, and determining the terms and conditions of payment;

(5)  determining the annual fees payable to the Minister by dam owners to cover the costs incurred in the administration of this Act and the regulations, or the method and criteria to be used to calculate the fees, and determining the terms and conditions of payment;

(6)  prescribing the time within which the Minister must make a decision pursuant to section 5, 7, 17 or 23;

(7)  (subparagraph repealed).

The regulations may make mandatory any standards, methods or technical procedures established by another government or by a body responsible for establishing them and prescribe that in such a case, references to the texts containing them are references to those texts as subsequently amended.

2000, c. 9, s. 36; 2022, c. 8, s. 160.

37. The regulatory provisions made by the Government pursuant to this Act may vary according to the classes of dams, any of the parameters mentioned in the second paragraph of section 14 or the classes of dam owners that may otherwise be established by the provisions, and specify the conditions in which and time limits within which the provisions may be applied to existing works.

2000, c. 9, s. 37.

CHAPTER VI PENAL PROVISIONS

38. The following are liable to a fine of not less than $1,000 nor more than $100,000 in the case of a natural person, and not less than $3,000 nor more than $600,000 in any other case:

(1)  anyone who, in contravention of a provision of this Act, fails to submit information, or a document, review or expert evaluation or fails to do so in the prescribed time, if no other penalty is provided for such an offence, and

(2)  any high-capacity dam owner who, in contravention of section 21, fails to establish the required register, fails to keep it current or fails to keep it at the disposal of the Minister.

2000, c. 9, s. 38; 2022, c. 8, s. 161.

39. Any high-capacity dam owner who,

(1)  in contravention of section 19,

(a)  fails to have an impounded water management plan prepared or updated by an engineer for the dam or fails to keep it at the disposal of the Minister; or

(b)  fails to prepare or update an emergency action plan for the dam or fails to keep it at the disposal of the Minister; or

(2)  in contravention of section 20, fails to comply with the conditions applicable to the monitoring of the works;

is liable to a fine of not less than $2,500 nor more than $250,000 in the case of a natural person and not less than $7,500 nor more than $1,500,000 in any other case.

2000, c. 9, s. 39; 2022, c. 8, s. 161.

40. The following are liable to a fine of not less than $4,000 nor more than $250,000 in the case of a natural person and not less than $12,000 nor more than $1,500,000 in any other case:

(1)  anyone who, in contravention of section 7, fails to have the Minister approve any modification to the plans and specifications that results from a complete or partial update of studies, calculations or opinions submitted in support of an application for authorization;

(2)  any high-capacity dam owner who,

(a)  in contravention of section 10, fails to inform the Minister of the completion of the work or fails to forward the required documents to the Minister within the time prescribed; or

(b)  fails to comply with the conditions for the approval of the owner’s safety program; and

(3)  any holder of an authorization or of an approval, other than an approval relating to a safety program, who fails to comply with its conditions.

2000, c. 9, s. 40; 2022, c. 8, s. 161.

41. The following are liable, in the case of a natural person, to a fine of not less than $5,000 nor more than $500,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of 18 months, or to both the fine and imprisonment, and in any other case to a fine of not less than $15,000 nor more than $3,000,000:

(1)  any dam owner who, in contravention of the first paragraph of section 2.1, fails to maintain the dam in working order such that it is unlikely to compromise the safety of persons or property;

(2)  anyone who

(a)  carries out a project referred to in section 5 without having obtained the authorization to do so or, in the cases provided for in section 11, without having obtained a new authorization; or

(b)  provides information that is false or misleading for the purposes of this Act or the regulations;

(3)  any high-capacity dam owner who,

(a)  in contravention of section 17, fails to forward to the Minister the safety review or fails to forward to the Minister an outline of the remedial measures the owner intends to take or the implementation schedule; or

(b)  in any situation liable to compromise the safety of the dam,

i.  fails to inform the Minister of the situation; or

ii.  where there is a threat to persons or property, fails to inform the civil protection authorities; and

(4)  any promoter or owner of a dam who carries out a project referred to in section 29 without having filed the required declaration with the Minister.

2000, c. 9, s. 41; 2022, c. 8, s. 161.

42. The following are liable, in the case of a natural person, to a fine of not less than $10,000 nor more than $1,000,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of three years, or to both the fine and imprisonment, and in any other case to a fine of not less than $30,000 nor more than $6,000,000:

(1)  any high-capacity dam owner who, in any situation liable to compromise the safety of the dam, fails to immediately take the measures necessary to remedy the situation; and

(2)  anyone who

(a)  carries out a project referred to in section 5 although the Minister refused to grant the authorization required to do so or suspended or revoked such an authorization; or

(b)  fails to comply with an order imposed under this Act or, in any manner whatsoever, prevents the carrying out of such an order.

2000, c. 9, s. 42; 2022, c. 8, s. 161.

43. The maximum penalties prescribed in section 42 apply to an offence described in sections 38 to 42 if the harm or damage caused by the offence to the safety of persons or property is sufficiently serious to justify heavier penalties.

2000, c. 9, s. 43; 2022, c. 8, s. 161.

44. The provisions of Chapter V of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to this chapter and to the penal provisions provided by regulation.

2000, c. 9, s. 44; 2022, c. 8, s. 161.

45. (Replaced).

2000, c. 9, s. 45; 2022, c. 8, s. 161.

CHAPTER VII MISCELLANEOUS PROVISIONS

46. The provisions of Chapter VI of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to claims made by the Minister for the recovery of amounts owed to the Minister for the purposes of this Act or the regulations.

2000, c. 9, s. 46; 2010, c. 31, s. 175; 2022, c. 8, s. 162.

47. The provisions of this Act are public policy; they therefore apply to any dam governed by a special Act and prevail over any inconsistent provision of such an Act.

2000, c. 9, s. 47.

48. (Amendment integrated into c. J-3, Schedule III).

2000, c. 9, s. 48.

49. The Minister of Sustainable Development, Environment and Parks is responsible for the administration of this Act.

2000, c. 9, s. 49; 2006, c. 3, s. 35.

50. (Omitted).

2000, c. 9, s. 50.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 9 of the statutes of 2000, in force on 1 April 2003, is repealed, except section 50, effective from the coming into force of chapter S-3.1.01 of the Revised Statutes.