Q-2, r. 14 - Regulation respecting the declaration of water withdrawals

À jour au 1^er janvier 2024

Ce document a valeur officielle.

chapter Q-2, r. 14

Regulation respecting the declaration of water withdrawals

Environment Quality Act

(chapter Q-2, ss. 46 and 124.1).

Act respecting certain measures enabling the enforcement of environmental and dam safety legislation

(chapter M-11.6, ss. 30 and 45).

O.C. 875-2009; S.Q. 2022, c. 8, s. 1.

TITLE I GENERAL

O.C. 685-2011, s. 1.

CHAPTER I PURPOSE, DEFINITIONS AND SCOPE

1. The purpose of this Regulation is to ensure a better knowledge and a better protection of the environment by allowing the Government to assess, through the declaration of water withdrawals, the impact of the withdrawals on water resources and ecosystems, and to allow the Government to establish measures to prevent conflicting uses of water resources.

In addition, this Regulation, with a view to ensuring a better protection of the St. Lawrence River Basin water resources, provides for the implementation in Québec of the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement, referred to in section 31.88 of the Environment Quality Act (chapter Q-2).

This Regulation also seeks to achieve more responsible water use through withdrawal accountability mechanisms by making the largest water withdrawers in Québec more acutely aware of

(1)  the intrinsic value of water resources; and

(2)  the responsibility each person has to preserve the quality of water and sufficient quantity of it to meet the needs of current and future generations.

O.C. 875-2009, s. 1; O.C. 685-2011, s. 2.

2. Unless indicated otherwise in the provisions of Title II of this Regulation, the following definitions apply to all the provisions of this Regulation:

“aquaculture site” means an aquaculture site within the meaning of section 3 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1); (site aquacole)

“existing withdrawal” means a withdrawal that was authorized on or before 1 September 2011 or, if not authorized, was lawfully commenced on or before that date; (prélèvement existant)

“fishing pond site” means a fishing pond site within the meaning of section 3 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact; (site d’étang de pêche)

“level 1 drainage basin” means a territory whose waters converge towards a watercourse that flows directly into the St. Lawrence River or James Bay; (bassin versant de niveau 1)

“measuring equipment” means a water meter or other device designed to measure and record a volume of water; (équipement de mesure)

“new withdrawal” means a withdrawal that was authorized after 1 September 2011; (nouveau prélèvement)

“professional” means a professional within the meaning of section 1 of the Professional Code (chapter C-26) whose professional order governs the exercise of a professional activity referred to in this Regulation. This definition also includes any person legally authorized to practise that activity in Québec; (professionnel)

“rated capacity” means the maximum effective capacity, according to the specifications of the builder or manufacturer of the withdrawal works, facility or equipment; (capacité nominale)

“sewer system” means a sewer system within the meaning of section 3 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact; (système d’égout)

“St. Lawrence River Basin” means the drainage basin whose territory is described in section 31.89 of the Environment Quality Act (chapter Q-2); (bassin du fleuve Saint-Laurent)

“storm water management system” means a storm water management system within the meaning of section 3 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact; (système de gestion des eaux pluviales)

“transfer” means the transporting of bulk water from the St. Lawrence River Basin to another basin by any means, including a waterworks system, a pipeline, a conduit or any other main, and any type of tank truck. Diverting the direction of a watercourse flow is deemed to be a transfer. Packaging water for commercial purposes in containers having a capacity exceeding 20 litres is also deemed to be a transfer; (transfert)

“water withdrawal” or “withdrawal” means a water withdrawal within the meaning of section 31.74 of the Environment Quality Act; (prélèvement d’eau) (prélèvement)

“waterworks system” means a waterworks system within the meaning of section 3 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact; (système d’aqueduc)

“withdrawal site” means a water withdrawal site within the meaning of section 3 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact; (site de prélèvement)

“withdrawer” means a person or municipality, within the meaning of section 1 of the Environment Quality Act, that operates a withdrawal site. (préleveur)

O.C. 875-2009, s. 2; O.C. 685-2011, s. 3; O.C. 1680-2023, s. 1.

2.1. Where a provision of this Regulation requires that the volumes of water to be recorded or declared be expressed in litres, they may also be expressed in cubic metres.

O.C. 685-2011, s. 3.

3. This Regulation applies to any water withdrawal. Unless indicated otherwise, it immediately applies to existing withdrawals and to new withdrawals.

This Regulation does not apply to

(1)  withdrawals whose maximum daily volume is less than 50,000 litres per day, every day in a calendar year;

(2)  withdrawals intended for domestic use, namely withdrawals using a personal well or a surface water intake for the use of one household only;

(3)  withdrawals to supply vehicles, such as vessels and aircraft, either for the needs of the persons or animals being transported or for ballast, or to meet other needs incidental to the operation of those vehicles;

(4)  withdrawals exclusively for firefighting purposes, in particular to supply an aircraft or tank vehicle;

(5)  withdrawals from a waterworks system;

(6)  withdrawals for the purposes of a temporary industrial camp intended to house not more than 80 persons simultaneously for a period not exceeding 6 months per year and that is located in one of the following territories:

— the territory not organized into a local municipality, including the unorganized territory amalgamated with one of the municipalities of Rouyn-Noranda, La Tuque or Senneterre, as it was delimited the day before the amalgamation;

— the James Bay territory as described in the schedule to the James Bay Region Development and Municipal Organization Act (chapter D-8.2);

— the territory situated north of the 55th parallel;

— the territories of the municipalities of Blanc-Sablon, Bonne-Espérance, Côte-Nord-du-Golfe-du-Saint-Laurent, Gros-Mécatina and Saint-Augustin and the territory of any other municipality constituted under the Act respecting the municipal reorganization of the territory of Municipalité de Côte-Nord-du-Golfe-du-Saint-Laurent (1988, chapter 55; 1996, chapter 2);

— the territories that are not accessible at all times by road vehicles;

(7)  withdrawals for the purposes of a temporary industrial camp set up for timber salvage following a forest fire, regardless of the number of persons housed in the camp;

(8)  withdrawals using a drain or a drainage ditch that is not connected to an active pumping system, that are not intended to transport water to a site where the water is used , that are not used to fill a water supply reservoir for subsequent use or that are not made for mining, quarrying and oil and gas extraction (NAICS 21);

(9)  non-recurring water withdrawals whose duration does not exceed 6 months, carried out as part of civil engineering work;

(10)  non-recurring groundwater withdrawals whose duration does not exceed 30 days, carried out to analyze the performance of the withdrawal facility or to establish the properties of a geological aquifer;

(11)  temporary and non-recurring water withdrawals as part of mining exploration activities, except if the withdrawals are made for the purposes of dewatering mine shafts, access ramps to a mine or mine workings, or keeping them dry.

In addition, this Regulation does not apply to the following withdrawals insofar as they are wholly made outside the St. Lawrence River Basin:

(1)  withdrawals intended for agricultural purposes or for the operation of a fishing pond site or an aquaculture site;

(2)  withdrawals intended to produce hydroelectric power.

For the purposes of this section, “temporary industrial camp” means a group of facilities and their dependencies, that an employer temporarily sets up to house, for not more than 6 months during the 12-month period following the setting-up, the employer’s employees who carry out forest management, mining exploration, mining operation, transport infrastructure and water retaining work or any other work.

O.C. 875-2009, s. 3; O.C. 685-2011, s. 4; S.Q. 2016, c. 35, s. 265; O.C. 1680-2023, s. 2.

3.1. To determine if a water withdrawal capacity or if a water withdrawal reaches the volume from which the withdrawer is required, under a provision of this Regulation, to declare the volumes of water it withdraws or may withdraw, all the volumes of water withdrawn from each withdrawal site must be added up each time that more than one withdrawal site is connected to a single establishment or waterworks system. Establishments whose activities are related or complementary to one another and are under the responsibility of one withdrawer are considered to be part of the same establishment.

O.C. 685-2011, s. 4.

4. This Regulation applies in a reserved area and an agricultural zone established under the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1).

O.C. 875-2009, s. 4.

CHAPTER II DETERMINATION OF VOLUMES OF WATER WITHDRAWN

5. For the purposes of the declaration provided for in sections 9, 18.4 and 18.7, every withdrawer is required to determine the volumes of water withdrawn for each withdrawal site by direct measurement taken by measuring equipment.

Despite the foregoing, a withdrawer that does not have measuring equipment may determine the volumes of water withdrawn by estimates based on indirect or spot measurements.

O.C. 875-2009, s. 5; O.C. 685-2011, s. 5.

5.1. Despite the provisions of the second paragraph of section 5, where a new withdrawal is authorized for the purposes of a transfer out of the St. Lawrence River Basin, the withdrawer so authorized must install the appropriate measuring equipment at the points where water is withdrawn, transferred and, where applicable, returned to the Basin.

O.C. 685-2011, s. 6.

6. A withdrawer who uses direct measurements taken by measuring equipment must comply with the provisions of Chapter IV.

O.C. 875-2009, s. 6.

7. A withdrawer who uses estimates based on indirect or spot measurements must comply with the provisions of Chapter V.

The withdrawer must also, for each month, calculate or cause to be calculated all the volumes of water withdrawn, estimated and converted into litres, as well as the margin of error in percentage of the evaluation made according to the estimation method used.

That estimate must be certified by a professional.

O.C. 875-2009, s. 7; O.C. 685-2011, s. 7.

8. A withdrawer who establishes or alters a withdrawal site must fit the site with measuring equipment that complies with the provisions of Chapter IV.

O.C. 875-2009, s. 8; O.C. 662-2013, s. 1.

CHAPTER III ANNUAL DECLARATION OF WITHDRAWAL ACTIVITIES AND VOLUMES WITHDRAWN AND KEEPING OF A REGISTER

O.C. 875-2009, c. III; O.C. 685-2011, s. 8.

9. Every withdrawer whose daily volume of water withdrawals is equal to or greater than 50,000 litres, at least 1 day in a calendar year, is required to send to the Minister, for that year and any subsequent year in which the withdrawer withdraws water, regardless of the volume, an annual declaration describing the withdrawal activities by specifying the volumes of water withdrawn, including withdrawals less than 50,000 litres per day.

The declaration must be transmitted electronically, using the form available online on the Ministère du Développement durable, de l’Environnement et des Parcs website. All the sections relevant to the information that the withdrawer is required to declare must be filled out. Where at least 2 of sections 9, 18.4 and 18.7 of this Regulation apply to the withdrawer, only one declaration containing all the information prescribed by those sections must be transmitted.

Where a withdrawer is a natural person, or a legal person that has its seat in the territory of a local municipality or in a territory not organized as a municipality where no Internet service provider offers access to the Internet, the data to be transmitted to the Minister pursuant to section 9, 18.4 or 18.7 may be transmitted, despite those provisions, using the form provided by the Minister on a medium other than a technology-based medium. In such case, the declaration must be dated and signed by the person who wrote it and specify the reason justifying the use of that medium.

The withdrawer must ensure that the declaration is received by the Minister on or before 31 March of the year following the calendar year covered by the declaration or, if the withdrawer ceases to withdraw water, within 60 days after the date on which the withdrawals cease.

The declaration must contain

(1)  the withdrawer’s name, address, telephone number, email address and, where applicable, Québec business number (NEQ) and the addresses of the withdrawer’s representative and establishments;

(2)  the withdrawal sites involved, identified by georeferenced data; and

(3)  for each of the withdrawal sites,

(a)  the name the lake or watercourse from which water is withdrawn;

(b)  the number of days on which water was withdrawn;

(c)  the origin of the water withdrawn, either surface water or groundwater;

(d)  whether or not measuring equipment is used and the type of equipment, where applicable;

(e)  if the volumes of water withdrawn are not measured using measuring equipment, estimates of the monthly and yearly volumes of water withdrawn, expressed in litres;

(e.1)  if the volumes of water withdrawn are not measured using measuring equipment, the name of the professional who evaluated the total volumes of water withdrawn in the year and his or her profession and a description of the estimation method used;

(f)  if the volumes of water are measured using measuring equipment, the monthly and yearly volumes of water withdrawn, expressed in litres;

(g)  if measuring equipment is used, a description of any malfunction, breakdown, abnormality or other defect that affected the operation of the equipment, including the number of days on which the volume data could not be measured by the equipment in a reliable and accurate manner;

(h)  the activities for which the withdrawals are made, identified by their North American Industry Classification System (NAICS) codes;

(i)  where the withdrawals are for multiple activities, the volumes of water, in percentage or litres, broken down per activity;

(j)  a statement specifying that the withdrawals total a daily volume equal to or greater than 75,000 litres, at least 1 day in the year, where applicable.

The person who writes a declaration provided for in this section must attest to the accuracy of the information contained therein.

Documents in support of the declaration, including the estimates provided for in section 7 and the verification reports on reading accuracy provided for in section 12 must be kept at the operation site for 5 years and be sent to the Minister within 20 days after a request to that effect.

The information on withdrawal activities and the volumes of water withdrawn referred to in the fifth paragraph, except the information referred to in subparagraphs d, e.1 and g of paragraph 3 and personal information, is public and the Minister publishes the information on the Minister’s department’s website, in keeping with the principle of transparency stated in section 7 of the Act to affirm the collective nature of water resources and to promote better governance of water and associated environments (chapter C-6.2).

O.C. 875-2009, s. 9; O.C. 685-2011, s. 9; O.C. 662-2013, s. 2; O.C. 1680-2023, s. 3.

9.1. Despite subparagraph 1 of the second paragraph of section 3, and unless the water is withdrawn exclusively for the purposes of human consumption for an establishment, a facility or a waterworks system supplying 20 persons or less, or is withdrawn out of the St. Lawrence River Basin for agricultural purposes or for the operation of a fishing pond site or an aquaculture site, a withdrawer whose water withdrawal does not reach the daily volume provided for in section 9 must record in a register and keep up to date the following information:

(1)  a description of the means used to withdraw the water;

(2)  the nature of the needs to fulfil;

(3)  the maximum daily volume of water withdrawn;

(4)  where applicable, the use for that water.

The information must be kept at the operation site for a period of 5 years and be sent to the Minister within 20 days after a request to that effect.

O.C. 1680-2023, s. 4.

10. Every withdrawer must keep a register containing the following information for each withdrawal site:

(1)  a description of the withdrawal site;

(2)  a description of the measuring equipment, where applicable;

(3)  a description of the estimation method, where applicable;

(4)  the results expressed in litres and dates of the measurement of the volumes of water withdrawn where measuring equipment is used;

(5)  the results, their units and the dates of the measurement of the volumes of water withdrawn where the estimation method is used;

(6)  where applicable, a description and the date of malfunctions, breakdowns, abnormalities or other defects that affected the measuring equipment;

(7)  where applicable, the dates and nature of repairs, adjustments and other modifications to the measuring equipment;

(8)  the dates and names of the persons who tested the measuring equipment for accuracy and good working order, and maintained the equipment, where applicable; and

(9)  a description and the date of any other event that may have an impact on measurement accuracy.

The register is to be kept by the withdrawer at the operation site and made available to the Minister for 5 years after the date of the last entry.

O.C. 875-2009, s. 10; O.C. 685-2011, s. 10.

CHAPTER IV MEASURING EQUIPMENT

11. Unless an authorization or a permit issued by the Government or the Minister, as the case may be, for water withdrawal allows otherwise, measuring equipment must

(1)  be installed as close as possible to a withdrawal site or, in the case of an aquaculture site or a fishing pond site, as close as possible to each discharge point for the water into the environment, a sewer system or a storm water management system;

(2)  be installed so that no other equipment, device or conduit affects or alters the measuring or is installed between the withdrawal site and the measuring equipment;

(3)  be installed in an accessible location so as to facilitate to the extent feasible its operation, maintenance, repair, replacement, monitoring or control by any person who needs to have access to the equipment to perform work;

(4)  be installed to avoid any danger of damage or distortion of the mechanisms by freezing, fire, vandalism or other acts and incidents; and

(5)  be installed in compliance with the manufacturer’s installation instructions.

O.C. 875-2009, s. 11; O.C. 685-2011, s. 11; O.C. 1680-2023, s. 5.

12. To ensure the accuracy of measured data, the withdrawer must

(1)  maintain all measuring equipment in good working order;

(2)  verify, or cause to be verified, the accuracy of the readings of all measuring equipment, at least once every 3 years in the case of a water meter and at least once a year for any other type of measuring equipment, by comparing the readings with the results obtained using either method listed in the third paragraph; and

(3)  modify or replace the measuring equipment that belongs to the withdrawer where no longer suited to the situation or where its precision is no longer within the margin of error set in the second paragraph.

The difference between the volume measured by the measuring equipment and the volume measured using either method in the third paragraph may not exceed 10%.

The recognized methods are

(1)  the standards related to the measurement of water or liquid flow in open channels or closed conduits published by the International Organization for Standardization (ISO);

(2)  the flow measurement methods in open channels described in Booklet 7 of the Sampling Guide for Environmental Analysis published by the Centre d’expertise en analyse environnementale du Québec.

O.C. 875-2009, s. 12; O.C. 1680-2023, s. 6.

13. The measuring equipment must give a reading that shows the volume of water withdrawn.

If the measuring equipment has a remote reader and the data displayed by the receiver is different from those displayed by the measuring equipment, only the data from the measuring equipment is to be considered.

O.C. 875-2009, s. 13.

14. If more than one measuring equipment unit is present for withdrawals by the same withdrawer, the total volume withdrawn is the sum of the data obtained in the year from all units.

For the purpose of calculating withdrawals, the withdrawer responsible for the withdrawals is required to take the reading of volume data from the measuring equipment at least once a month.

O.C. 875-2009, s. 14.

15. If the measuring equipment ceases to function or malfunctions, or a discrepancy in a reading is detected in comparison with an earlier reading, the withdrawer must indicate, as the volumes of water withdrawn in the period concerned, the volumes of water withdrawn during the corresponding period in the previous year as declared pursuant to section 9 or 18.7. If no water was withdrawn during the latter period, or if the volumes of water withdrawn were lower than the declaration threshold provided for in section 9, the withdrawer must have the volumes of water withdrawn in the period concerned estimated by a professional, in accordance with the provisions of Chapter V.

Where 3 months, each comprising at least one withdrawal day, have elapsed and the measuring equipment has not been restored to proper working order or replaced, the withdrawer must, for each following month comprising at least one withdrawal day, and for as long as the measuring equipment does not function or malfunctions, cause the volumes of water withdrawn to be estimated, in accordance with the provisions of Chapter V.

O.C. 875-2009, s. 15; O.C. 685-2011, s. 12.

CHAPTER V ESTIMATE OF VOLUMES OF WATER WITHDRAWN

16. Every estimate of the volumes of water withdrawn must rely on measurements taken on site using either method referred to in the third paragraph of section 12 or using another generally recognized method whose accuracy percentage is at least equivalent to the accuracy percentage of the methods referred to in section 18.

O.C. 875-2009, s. 16; O.C. 685-2011, s. 13.

17. Measurements must be taken at intervals that take into account the variability of the volume withdrawn during the current day or month.

O.C. 875-2009, s. 17.

18. The margin of error between the monthly volume and the actual volume withdrawn may not exceed 25%.

If the margin of error is exceeded, the withdrawer must replace or modify the estimation method or use measuring equipment for the withdrawal site in accordance with the provisions of Chapter IV.

O.C. 875-2009, s. 18.

TITLE II SPECIAL PROVISIONS APPLICABLE TO WATER WITHDRAWALS FROM THE ST. LAWRENCE RIVER BASIN

O.C. 685-2011, s. 14.

CHAPTER I INTERPRETATION AND SCOPE

O.C. 685-2011, s. 14.

18.1. (Revoked).

O.C. 685-2011, s. 14; O.C. 1680-2023, s. 7.

18.2. The provisions of this Title apply to any water withdrawal in the St. Lawrence River Basin, including those carried out by means of any of the works referred to in any of paragraphs 1 to 3 of section 31.74 of the Environment Quality Act (chapter Q-2), regardless of the volumes of water that are withdrawn.

The provisions of this Title do not apply to the following water withdrawals:

(1)  withdrawals used for the production of hydroelectric power by means of run-of-river works or facilities directly connected to the watercourse;

(2)  withdrawals by means of works used for the impounding of water, other than a dam, such as a pond or a basin having no hydraulic interconnection with groundwater, except if the pond or basin is supplied by means of a surface water drainage system.

O.C. 685-2011, s. 14.

18.3. Where a provision of this Title prescribes that a water withdrawer is required to make a declaration on the basis of the withdrawal rated capacity of the works or facilities used for water withdrawals and it appears that the withdrawal capacity of those works or facilities exceeds the withdrawal volume that the withdrawer was authorized to withdraw, under the provisions of the Environment Quality Act (chapter Q-2) or a regulation thereunder, the authorized withdrawal volume must be considered to be the threshold beyond which declaration is required.

O.C. 685-2011, s. 14.

CHAPTER II INITIAL DECLARATION REQUIRED TO ESTABLISH THE REFERENCE VOLUMES OF WATER FOR THE IMPLEMENTATION OF THE GREAT LAKES-ST. LAWRENCE RIVER BASIN SUSTAINABLE WATER RESOURCES AGREEMENT

O.C. 685-2011, s. 14.

18.4. In order to enable the Minister of Sustainable Development, Environment and Parks to determine the reference volumes of water for the implementation of the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement, a withdrawer that withdraws or may withdraw water from the St. Lawrence River Basin from a withdrawal site whose works or facilities have a withdrawal rated capacity equal to or greater than 379,000 litres per day must, not later than 31 March 2012, send the Minister a declaration on existing withdrawals that contains, in addition to the information referred to in subparagraphs 1, 2 and subparagraphs a, c, d, h and i of subparagraph 3 of the fourth paragraph of section 9, the following information:

(1)  the authorized daily water withdrawal volumes, as they appear on the certificate of authorization, authorization or in the documents that are part of the certificate of authorization or authorization:

(a)  where the certificate of authorization or, as the case may be, the authorization provides for specific withdrawal volumes for the various components of the same works or facility used for withdrawals, the declaration must indicate the highest withdrawal volume of the component and identify the component;

(b)  where the certificate of authorization or, as the case may be, the authorization identifies the components of the works or facility used for withdrawals without specifying the authorized withdrawal volume, the declaration must indicate the highest rated capacity of the component and identify the component;

(c)  where the certificate of authorization or, as the case may be, the authorization concerns both a determined withdrawal volume and the installation of an identified component, such as a pump, whose withdrawal rated capacity is different from the determined withdrawal volume, the declaration must indicate the authorized withdrawal volume only;

(2)  the volumes of water corresponding to the withdrawal rated capacity of the works or facility and for which no certificate of authorization or no authorization was issued under the Environment Quality Act (chapter Q-2). Where the works or facilities have components whose rated capacities are different from one another, the declaration must indicate the lowest rated capacity and identify the component used to establish the rated capacity;

(3)  the volumes of water consumed within the St. Lawrence River Basin, expressed in litres or in percentage, out of the volumes of water withdrawn from the Basin and declared pursuant to paragraphs 1 and 2;

(4)  the volumes of water transferred out of the St. Lawrence River Basin out of the volumes of water withdrawn from the St. Lawrence River Basin and declared pursuant to paragraph 1 or 2:

(a)  where the volume of water transferred out of the Basin represents only a part of the volume of water withdrawn from the Basin, the declaration must indicate the volume corresponding to the rated capacity of the facility used for the transfer. The declaration must identify the class of industrial or commercial activities for which the withdrawal or, as the case may be, the transfer is intended, using the codes of the North American Industry Classification System (NAICS);

(b)  where the water transferred out of the Basin or a part of the water transferred is returned to the Basin, the declaration must identify, by means of georeferenced data, the locations where the water was returned for each withdrawal site and the volumes of water returned;

(c)  where the water transferred out of the Basin is not returned to the Basin, the declaration must specify, in addition to the volumes discharged, the location where they were discharged, by means of georeferenced data;

(5)  the volumes of water consumed out of the Basin out of the volumes of water declared pursuant to paragraph 4, expressed in litres or in percentage. The declaration must identify the class of activities in all cases where the water transferred out of the Basin is consumed in whole or in part, using the codes of the North American Industry Classification System (NAICS).

Each time that a provision of this section provides that the location of a site must be indicated, the georeferenced data of the site must be provided. In the case of a waterworks system serving all or part of the population of a municipality, the site must be located by referring to the level 1 drainage basins covered by the waterworks system, specifying the name of the watercourse, as officialized by the Commission de toponymie du Québec, into which the water of the territory of the basin flows.

For the purposes of this section, the volumes of water consumed must be either calculated using the direct measurement taken by measuring equipment or estimated. Where the volumes are calculated, no supply of water from outside the withdrawal site may affect or distort the calculation. Where the volumes of water are estimated, the estimate must be made by a professional in accordance with the provisions of sections 16 to 18 of this Regulation. In addition, the declaration must contain the name of the professional who evaluated the volume of water consumed, as well as his or her profession, and a description of the estimation method used. However, where the water is withdrawn to supply a waterworks system serving all or part of the population of a municipality, the person making the declaration may indicate a consumptive use equal to 15% of the person’s withdrawals without justifying the percentage.

The provisions of the second paragraph of section 9 apply to the declaration of information provided for by this section, except in the case provided for in section 18.6.

O.C. 685-2011, s. 14.

18.5. Where the water is withdrawn using a pond, a basin or other retaining works and having a hydraulic interconnection with groundwater, the declaration provided for in section 18.4 must indicate as withdrawal volume the rated volume of the pond, basin or works. In such a case, the volume of water withdrawal made out of the pond, basin or works needs not be indicated.

O.C. 685-2011, s. 14.

18.6. Despite the provisions of section 18.4, a withdrawer that, for agricultural or fish-breeding purposes, withdraws water from the St. Lawrence River Basin or transfers water out of the Basin is exempted from sending to the Minister of Sustainable Development, Environment and Parks the information provided for in paragraphs 3 and 5 of that section, provided that the declaration sent by the withdrawer to the Minister pursuant to that section contains the following information:

(1)  the number of animals forming the operation’s livestock per category and type of animals, including animals whose arrival is expected during the year;

(2)  the area under cultivation, expressed in hectares, per type of culture;

(3)  the area of the watered crops, expressed in hectares, per type of culture;

(4)  the type of watering equipment used; and

(5)  in the case of fish breeding, the quantity of fish produced per year, expressed in tons.

O.C. 685-2011, s. 14.

CHAPTER III ANNUAL DECLARATION OF WATER WITHDRAWAL ACTIVITIES IN THE ST. LAWRENCE RIVER BASIN AND OF TRANSFER ACTIVITIES OUT OF THE BASIN

O.C. 685-2011, s. 14.

18.7. As of 1 January 2012, a withdrawer that withdraws water from the St. Lawrence River Basin from a withdrawal site whose works or facilities have a withdrawal rated capacity equal to or greater than 379,000 litres per day is required to annually declare to the Minister of Sustainable Development, Environment and Parks, for the year preceding the withdrawer’s declaration or, as the case may be, for the year in progress, in addition to the information that must be declared pursuant to section 9, the volumes of water consumed every month in the Basin by indicating, for each site of use of the water withdrawn, the georeferenced data of their location, the volume and the class of industrial or commercial activities for which the withdrawal is intended; the class is identified using the codes of the North American Industry Classification System (NAICS).

Likewise, as of the same date, a withdrawer that transfers water out of the St. Lawrence River Basin, whatever the volume, must provide, in addition to the information that the withdrawer must declare pursuant to section 9, the following additional information for the preceding year:

(1)  the volumes of water transferred out of the St. Lawrence River Basin, expressed in litres, indicating for each withdrawal site concerned, the georeferenced data of the sites where the water so transferred is used. Where the water transferred out of the Basin is intended to supply a waterworks system serving all or part of the population of a municipality, the level 1 drainage basins covered by the waterworks system must be indicated, and the name of the watercourse into which the water of the territory flows must be specified, as that name was officialized by the Commission de toponymie du Québec;

(2)  the volumes of water discharged or returned to the St. Lawrence River Basin, expressed in litres, specifying the georeferenced data of the sites where the water was discharged or, as the case may be, where the water was returned.

As soon as a withdrawer is subject to a provision of this section, the withdrawer becomes, despite the provisions of subparagraph 1 of the second paragraph and subparagraphs 1 and 2 of the third paragraph of section 3 of this Regulation, subject to the provisions of sections 9 and 10 of this Regulation.

The provisions of sections 5 to 8 and 18.5 of this Regulation apply to the determination of the volumes of water to which this section applies, including the determination of the volumes of water transferred out of the St. Lawrence River Basin and the volumes of water discharged or returned to the Basin. The provisions of the third paragraph of section 18.4 apply to the determination of the volumes of water consumed; the provisions of the second and third paragraphs of section 9 apply to the transmission of the declaration provided for in this section.

This section applies as of 1 January 2016 for water withdrawals made for agricultural or fish-breeding purposes during 2015.

O.C. 685-2011, s. 14; O.C. 662-2013, s. 3.

TITLE III PENALTIES AND MISCELLANEOUS

O.C. 685-2011, s. 14; O.C. 662-2013, s. 4.

CHAPTER I MONETARY ADMINISTRATIVE PENALTIES

O.C. 875-2009, c. VI; O.C. 685-2011, s. 15; O.C. 662-2013, s. 5.

18.7.1. A monetary administrative penalty of $250 in the case of a natural person or $1,000 in other cases may be imposed on any person who fails to record, update, keep or send to the Minister the information prescribed by section 9.1, on the conditions provided for in that section.

O.C. 1680-2023, s. 8.

18.8. A monetary administrative penalty of $350 in the case of a natural person or $1,500 in other cases may be imposed on any person who fails

(1)  to send the declaration referred to in section 9 to the Minister within the periods or on the conditions provided for in the second, third or fourth paragraph of that section;

(2)  to keep or make available to the Minister, during the period provided for, the documents in support of the declaration in accordance with the seventh paragraph of section 9;

(3)  to keep or make available to the Minister a register prescribed by section 10 during the period and on the conditions provided for in that section.

O.C. 662-2013, s. 6.

18.9. A monetary administrative penalty of $500 in the case of a natural person or $2,500 in other cases may be imposed on any person who fails

(1)  to determine the volumes of water withdrawn in the manner prescribed by section 5;

(2)  to install appropriate measuring equipment in the cases and on the conditions provided for in section 5.1;

(3)  to make the calculations or cause to be made the calculations prescribed by the second paragraph of section 7 in accordance with the conditions provided for therein or to have the estimates certified by a professional in accordance with the third paragraph of that section;

(4)  to fit a withdrawal site referred to in section 8 with prescribed measuring equipment in accordance with that section;

(5)  to send to the Minister the declaration referred to in section 9 in accordance with the first, fifth or sixth paragraph of that section;

(6)  to comply with any conditions provided for in section 11 relating to the installation of measuring equipment or section 12 relating to the maintenance, verification or replacement of such equipment;

(7)  to ensure that the reading of measuring equipment complies with section 13;

(8)  to take the reading of volume data from measuring equipment at least once a month in accordance with the second paragraph of section 14;

(9)  to comply with the indications provided for in section 15 relating to the volumes of water withdrawn if the measuring equipment ceases to function or malfunctions, or a discrepancy in a reading is detected;

(10)  to comply with the conditions provided for in section 16 or 17 regarding an estimate of volumes of water withdrawn or the intervals of the measurements;

(11)  to replace or modify the estimation method or use conforming measuring equipment if the margin of error established under the first paragraph of section 18 is exceeded in accordance with that section;

(12)  to send to the Minister the declaration referred to in section 18.7 or any other information provided for in that section in accordance with the conditions provided for therein.

O.C. 662-2013, s. 6.

18.10. A monetary administrative penalty of $1,000 in the case of a natural person or $5,000 in other cases may be imposed on any person who tampers with the measuring equipment or diverts water or otherwise affects the direction, flow rate or streamflow of water, so as to alter the evaluation required under this Regulation of the volume of withdrawals.

O.C. 662-2013, s. 6; O.C. 1680-2023, s. 9.

CHAPTER I.1 PENAL SANCTIONS

O.C. 662-2013, s. 7.

18.11. Every person who fails to record, update, keep or send to the Minister the information prescribed by section 9.1, on the conditions provided for in that section commits an offence and is liable, in the case of a natural person, to a fine of $1,000 to $100,000 or, in other cases, to a fine of $3,000 to $600,000.

O.C. 1680-2023, s. 10.

19. Every person who contravenes the second, third, fourth or seventh paragraph of section 9 or section 10 commits an offence and is liable, in the case of a natural person, to a fine of $2,000 to $100,000 or, in other cases, to a fine of $6,000 to $600,000.

O.C. 875-2009, s. 19; O.C. 685-2011, s. 16; O.C. 662-2013, s. 8.

19.1. Every person who contravenes section 5 or 5.1, the second or third paragraph of section 7, section 8, the first, fifth or sixth paragraph of section 9, section 11, 12 or 13, the second paragraph of section 14, section 15, 16, 17, 18 or 18.7 commits an offence and is liable, in the case of a natural person, to a fine of $2,500 to $250,000 or, in other cases, to a fine of $7,500 to $1,500,000.

O.C. 662-2013, s. 8.

19.2. Every person who

(1)  tampers with or alters the proper functioning or reading of the measuring equipment or diverts water or otherwise affects the direction, flow rate or streamflow of water, so as to alter the evaluation required under this Regulation of the volume of withdrawals,

(2)  pursuant to this Regulation, makes a declaration, communicates information or files a document that is false or misleading,

commits an offence and is liable, in the case of a natural person, to a fine of $5,000 to $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, or, in other cases, to a fine of $15,000 to $3,000,000.

O.C. 662-2013, s. 8.

19.3. Every person who contravenes any other requirement imposed by this Regulation also commits an offence and is liable, where no other penalty is provided for by this Chapter or the Environment Quality Act (chapter Q-2), to a fine of $1,000 to $100,000 in the case of a natural person or, in other cases, to a fine of $3,000 to $600,000.

O.C. 662-2013, s. 8.

CHAPTER II MISCELLANEOUS PROVISIONS

O.C. 875-2009, c. VII; O.C. 685-2011, s. 17.

20. (Omitted).

O.C. 875-2009, s. 20.

21. For the year 2009, the information in subparagraphs 2 and 3 of the third paragraph of section 9 to be included in the declaration prescribed therein is limited to the information pertaining to the full months following 10 September 2009.

O.C. 875-2009, s. 21.

22. (Revoked).

O.C. 875-2009, s. 22; O.C. 685-2011, s. 18.

22.1. The provisions of this Regulation must be evaluated not later than every 5 years to ensure a better knowledge and a better protection of water resources.

O.C. 1680-2023, s. 11; I.N. 2024-01-01.

23. (Omitted).

O.C. 875-2009, s. 23.

TRANSITIONAL

2023

(O.C. 1680-2023) SECTION 12. Until 31 December 2024 and despite sections 3 and 9 of the Regulation, as amended by sections 2 and 3 of this Regulation, the daily volume of water applicable for the purposes of subparagraph 1 of the second paragraph of section 3 and the first paragraph of section 9 of the Regulation is established at 75,000 litres.

REFERENCES

O.C. 875-2009, 2009 G.O. 2, 3147

O.C. 685-2011, 2011 G.O. 2, 1589

O.C. 662-2013, 2013 G.O. 2, 1754

S.Q. 2016, c. 35, s. 265

O.C. 1680-2023, 2023 G.O. 2, 3133