Q-2, r. 28.02 - Regulation respecting the fees payable with respect to the environmental authorization scheme and other fees

À jour au 1^er janvier 2024

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chapter Q-2, r. 28.02

Regulation respecting the fees payable with respect to the environmental authorization scheme and other fees

Environment Quality Act

(chapter Q-2, s. 95.3; 2017, chapter 4, s. 296).

The fees prescribed in the Regulation have been indexed as of 1 January 2024 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 23 December 2023, page 873. (ss. 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, Sch. IV)

CHAPTER I GENERAL

M.O. 2021-11-23, c. I.

1. The purpose of this Regulation is to determine the fees payable by an applicant, under the Environment Quality Act (chapter Q-2), hereinafter referred to as “the Act”, for the issue or amendment of an authorization relating to projects subject to any of the environmental impact assessment and review procedures and for the issue, amendment or renewal of a ministerial authorization or approval of a rehabilitation plan by the Minister. It also determines the fees payable by anyone required to file a declaration of compliance with the Minister in accordance with the Act.

M.O. 2021-11-23, s. 1.

CHAPTER II AUTHORIZATIONS RELATING TO PROJECTS SUBJECT TO ANY OF THE ENVIRONMENTAL IMPACT ASSESSMENT AND REVIEW PROCEDURES

M.O. 2021-11-23, c. II.

DIVISION I ENVIRONMENTAL IMPACT ASSESSMENT AND REVIEW PROCEDURE COVERED BY TITLE I OF THE ACT

M.O. 2021-11-23, Div. I.

2. The following fees are payable by any person or municipality applying for the issue of an authorization under section 31.1. of the Act for a project subject to the environmental impact assessment and review procedure. They are determined according to the step of the procedure and the class assigned to the project in accordance with Schedule I.

Class 4 fees are payable for a project that is not listed in Schedule I, but that is subject to the environmental impact assessment and review procedure.

Steps of the environmental impact assessment and review procedure		Fees payable according to the class assigned to the project
		1		2		3		4
Filing of the notice provided for in section 31.2 of the Act		$1,664		$1,664		$1,664		$1,664
Filing of the environmental impact assessment statement with the Minister provided for in section 31.3.2 of the Act		$6,657		$23,307		$39,954		$56,604
Public information period provided for in the first paragraph of section 31.3.5 of the Act		$1,664		$5,827		$9,988		$14,152
Public consultation provided for in subparagraph 1 of the fifth paragraph of section 31.3.5 or section 31.3.6 of the Act		$16,193		$57,299		$98,223		$139,151
Targeted consultation provided for in subparagraph 2 of the fifth paragraph of section 31.3.5 or section 31.3.6 of the Act		$9,716		$34,024		$58,327		$82,630
Mediation provided for in subparagraph 3 of the fifth paragraph of section 31.3.5 of the Act		$6,589		$6,589		$6,589		$6,589

M.O. 2021-11-23, s. 2.

3. The following fees are payable by any person or municipality that, under section 31.7 of the Act, applies for the amendment of an authorization issued under section 31.5 of the Act. They are determined according to the class assigned to the project in accordance with Schedule I.

Class 4 fees are payable for a project that is not listed in Schedule I, but that is subject to the environmental impact assessment and review procedure.

Type of amendment		Fees payable according to the class assigned to the project
		1		2		3		4
Amendment to support documents or information already filed with an application and not involving capacity, production or a process change or having no environmental impact		$1,664		$1,664		$1,664		$1,664
Amendment involving capacity, a production increase or a process change		$4,992		$15,398		$25,804		$36,210
Rate for any other amendment		$3,329		$11,652		$11,652		$11,652

M.O. 2021-11-23, s. 3.

DIVISION II ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND REVIEW PROCEDURE APPLICABLE TO THE JAMES BAY AND NORTHERN QUÉBEC REGION REFERRED TO IN TITLE II OF THE ACT

M.O. 2021-11-23, Div. II.

4. The following fees are payable by any person or municipality that, under section 160 or 196 of the Act, applies for the issue of an authorization referred to in paragraph a of section 154 or paragraph a of section 189 of the Act, for a project automatically subject to the environmental and social impact assessment and review procedure. They are determined according to the step of the procedure and the class assigned to the project in accordance with Schedule II or III.

Class 1 fees are payable for a project that is not listed in Schedule II or III, but that is subject to the environmental and social impact assessment and review procedure.

Steps of the environmental and social impact assessment and review procedure		Fees payable according to the class assigned to the project
		1		2		3		4
Receiving of the notice provided for in section 155 of the Act and analysis of the recommendations formulated by the Evaluating Committee under section 157 of the Act or by the Commission de la qualité de l’environnement Kativik under section 192 of the Act		$1,664		$1,664		$1,664		$1,664
Analysis of the impact assessment statement referred to in sections 160 and 196 of the Act		$8,321		$29,132		$49,941		$70,756

M.O. 2021-11-23, s. 4.

5. The following fees are payable by any person or municipality that, under the second paragraph of section 122.2 of the Act, applies for the amendment of an authorization issued under Title II of the Act. They are determined according to the class assigned to the project in accordance with Schedule II or III.

Class 1 fees are payable for a project that is neither listed in Schedule II or Schedule III, but that is subject to the environmental and social impact assessment and review procedure.

Type of amendment		Fees payable according to the class assigned to the project
		1		2		3		4
Amendment to support documents or information already filed with an application and not involving capacity, production or a process change or having no environmental impact		$1,664		$1,664		$1,664		$1,664
Amendment involving capacity, a production increase or a process change		$4,992		$15,398		$25,804		$36,210
Rate for any other amendment		$3,329		$11,652		$11,652		$11,652

M.O. 2021-11-23, s. 5.

CHAPTER III MINISTERIAL AUTHORIZATIONS

M.O. 2021-11-23, c. III.

6. The fees provided for in Schedule IV are payable by any person or municipality that applies for, as the case may be,

(1)  the issue of a ministerial authorization under section 22 of the Act;

(2)  the amendment of a ministerial authorization under section 30 of the Act;

(3)  the renewal of a ministerial authorization under section 28 of the Act.

The fees are determined according to each activity covered by the application. Where an application covers more than one activity subject to the same subparagraph of the first paragraph of section 22 of the Act, except subparagraph 10, the fees payable for each activity are not added; the highest fees from those payable for each activity apply.

Where the application covers the issue, amendment or renewal of an authorization for a project involving an activity for which no fees are provided for in any of the tables in Schedule IV, the fee payable for that activity is $668.

Where an application for the amendment of a ministerial authorization for a project covers a new activity referred to in section 22 of the Act, in accordance with section 28 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1), the fees payable for that application for amendment are those applicable to the issue of an authorization for that activity.

M.O. 2021-11-23, s. 6.

7. The fee payable by any person or municipality that applies for the issue of a ministerial authorization under subparagraph 4 of the first paragraph of section 22 of the Act for a project covered by the environmental impact assessment and review procedure provided for in subdivision 4 of Division II of Chapter IV of Title I of the Act is, in all cases, $668.

M.O. 2021-11-23, s. 7.

8. No fees are payable by a person who applies, as the case may be, for the issue, amendment or renewal of a ministerial authorization for a water withdrawal activity referred to in subparagraph 2 of the first paragraph of section 22 of the Act, for the spreading of fertilizers, where those activities are carried out for the cultivation of non-aquatic plants and mushrooms, a maple syrup production site, the raising of animals referred to in section 2 of the Agricultural Operations Regulation (chapter Q-2, r. 26) or the operation of an aquaculture site.

No fees are payable by an applicant, as the case may be, for the issue, amendment or renewal of a ministerial authorization for an activity referred to in subparagraph 8 of the first paragraph of section 22 of the Act where the activity is carried out by the operator on a raising site, spreading site or an aquaculture site on such a site.

M.O. 2021-11-23, s. 8.

9. Despite section 6, the fees payable by an enterprise having 10 employees or less that applies, as the case may be, for the issue, amendment or renewal of a ministerial authorization may not exceed the amount of $1,225 for each activity covered by the application.

M.O. 2021-11-23, s. 9.

10. The following fees are payable by a person who applies to the Minister, under section 296 of the Act to amend the Environment Quality Act to modernize the environmental authorization scheme and to amend other legislative provisions, in particular to reform the governance of the Green Fund (S.Q. 2017, c. 4), to combine into only one authorization all the authorizations issued under section 22 of the Act before 23 March 2018:

(1)  for combining 5 authorizations or less: $2,115;

(2)  for combining 6 to 10 authorizations: $3,285;

(3)  for combining 11 to 20 authorizations: $4,899;

(4)  for combining 21 authorizations or more: $7,404.

M.O. 2021-11-23, s. 10.

CHAPTER IV DECLARATION OF COMPLIANCE

M.O. 2021-11-23, c. IV.

11. Fees of $114 are payable by any person or municipality that files with the Minister a declaration of compliance under section 31.0.6 or 31.68.1 of the Act.

No fees are payable where the declaration of compliance concerns an activity referred to in sections 135, 142, 144, 150, 153, 161, 252, 255 and 257 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1).

M.O. 2021-11-23, s. 11.

CHAPTER V APPROVAL

M.O. 2021-11-23, c. V.

12. Fees of $668 are payable by any person or municipality that files with the Minister, for approval, a land rehabilitation plan under Division IV of Chapter IV of Title I of the Act.

Despite the first paragraph, the following fees are payable by any person or municipality that files with the Minister, for approval, a land rehabilitation plan under Division IV of Chapter IV of Title I of the Act, where the plan provides for, as the case may be,

(1)  the treatment on the land of contaminated soils and the reclamation of thoses soils outside the land: $2,115;

(2)  the keeping on the land of contaminated soils: $4,899.

M.O. 2021-11-23, s. 12.

CHAPTER VI METHODS FOR THE PAYMENT OF FEES AND INTEREST

M.O. 2021-11-23, c. VI.

13. The fees payable under this Regulation must be paid in full, electronically,

(1)  at the beginning of each step of the environmental impact assessment and review procedure where the fees are payable under Chapter II;

(2)  when filing the application in accordance with the second paragraph of section 16 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (chapter Q-2, r. 17.1) where the fees are payable under Chapter III;

(3)  when filing the declaration of compliance in accordance with the second paragraph of section 41 of the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact where the fees are payable under Chapter IV; and

(4)  when filing the rehabilitation plan where the fees are payable under Chapter V.

M.O. 2021-11-23, s. 13.

14. The fees payable under this Regulation are adjusted on 1 January of each year on the basis of the rate corresponding to the annual variation in the All-items Consumer Price Index for Canada as published by Statistics Canada; the rate is calculated by determining the difference between the average of the monthly indexes for the 12-month period ending on 30 September of the preceding year and the average of the monthly indexes for the same period of the second preceding year.

The adjusted amounts are reduced to the nearest dollar if they contain a fraction of a dollar less than $0.50; they are increased to the nearest dollar if they contain a fraction of a dollar equal to or greater than $0.50.

The Minister publishes the results of the adjustment in the Gazette officielle du Québec before 1 January of each year and, if the Minister considers it appropriate, by any other means.

M.O. 2021-11-23, s. 14.

CHAPTER VII TRANSITIONAL AND FINAL

M.O. 2021-11-23, c. VII.

15. Despite section 13, the fees for filing a rehabilitation plan under Chapter V in the 12 months after 31 December 2021 may be paid by cheque or bank or money order made to the order of the Minister of Finance or by an electronic method of payment.

M.O. 2021-11-23, s. 15.

16. This Regulation replaces the Ministerial Order concerning the fees payable under the Environment Quality Act (chapter Q-2, r. 28).

Despite the foregoing, section 14.1 of that Ministerial Order continues to apply to the extent provided for in section 28 of the Act respecting the acceleration of certain infrastructure projects (chapter A-2.001).

M.O. 2021-11-23, s. 16.

17. (Omitted).

M.O. 2021-11-23, s. 17.

SCHEDULE I

(ss. 2 and 3)

CLASS ASSIGNED TO PROJECTS SUBJECT TO THE ENVIRONMENTAL IMPACT ASSESSMENT AND REVIEW PROCEDURE PROVIDED FOR IN SUBDIVISION IV OF DIVISION II OF CHAPTER IV OF TITLE I OF THE ENVIRONMENT QUALITY ACT

For the purposes of sections 12 and 13, the class assigned to a project subject to the environmental impact assessment and review procedure provided for in subdivision IV of Division II of Chapter IV of Title I of the Act is based on a scale of 1 to 4 depending on the complexity of the project, class 1 being assigned to the less complex projects and class 4 to the more complex projects.

M.O. 2021-11-23, Sch. I.

SCHEDULE II

(ss. 4 and 5)

CLASS ASSIGNED TO PROJECTS AUTOMATICALLY SUBJECT TO THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND REVIEW PROCEDURE PROVIDED FOR IN CHAPTERS II AND III OF TITLE II OF THE ACT

The class assigned to a project automatically subject to the environmental and social impact assessment and review procedure provided for in Chapters II and III of Title II of the Act is based on a scale of 1 to 4 depending on the complexity of the project, class 1 being assigned to the less complex projects and class 4, to the more complex projects.

PROJECTS AUTOMATICALLY SUBJECT UNDER SCHEDULE A OF THE ACT		CLASS ASSIGNED TO THE PROJECT
Subparagraph a
All mining developments, including additions to, alterations or amendments of existing mining developments:
— New project, alterations		4
— Additions		3
Subparagraph b
All borrow, sand and gravel pits and quarries, with areas of or over 3 ha		1
Subparagraph c
All hydro-electric power plants and nuclear installations and their associated works		4
Subparagraph d
All storage and water supply reservoirs related to works intended to produce electricity		1
Subparagraph e
All electric power transmission lines of over 75 kV		4
Subparagraph f
All operations or installations related to the extraction or processing of energy yielding materials		3
Subparagraph g
All fossil-fuel fired power generating plants with a calorific capacity of or above 3,000 kW		3
Subparagraph h
Any road or branch of such road of at least 25 km in length which is intended for forestry operations for a period of at least 15 years		4
Subparagraph i
All wood, pulp and paper mills or other plants for the transformation or the treatment of forest products		3
Subparagraph j
All land use projects which affect more than 65 km2		3
Subparagraph k
All sanitary sewage systems including more than 1 km of piping and all waste water treatment plants designed to treat more than 200 kl of waste water per day		2
Subparagraph l
All systems for the collection and disposal of residual materials, except mine tailings and hazardous materials		2
Subparagraph m
All projects for the creation of parks or ecological reserves		3
Subparagraph n
All outfitting facilities designed to accommodate at one time 30 persons or more, including networks of outpost camps		1
Subparagraph o
The delimitation of the territory of any new community or municipality and any expansion of 20% or more of their total territory or their urbanized areas		2
Subparagraph p
All access roads to a locality or road network contemplated for a new development		4
Subparagraph q
All port and harbour facilities, railroads, airports, pipelines, or dredging operations for the improvement of navigation:
— work related to a harbour facility		2
— construction of a railroad		4
— siting of an airport		2
— construction of a pipeline		4
— dredging operations for the improvement of navigation		1

M.O. 2021-11-23, Sch. II.

SCHEDULE III

(ss. 4 and 5)

CLASS ASSIGNED TO PROJECTS SUBJECT TO THE ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND REVIEW PROCEDURE PROVIDED FOR IN CHAPTERS II AND III OF TITLE II OF THE ACT, BUT NOT LISTED IN ITS SCHEDULE A

The class assigned to a project subject to the environmental and social impact assessment and review procedure provided for in Chapters II and III of Title II of the Act, other than those listed in Schedule II, is based on a scale of 1 to 4 depending on the complexity of the project, class 1 being assigned to the less complex projects and class 4 to the more complex projects.

PROJECTS SUBJECT		CLASS ASSIGNED TO THE PROJECT
All borrow, sand and gravel pits and quarries with an area of less than 3 ha, not in use solely for the purposes of road maintenance		1
All mining exploration activity not covered by subparagraph g of the first paragraph of Schedule B to the Act		2
All activity relating to improvement of the quality of life of local residents that is not covered by subparagraph d of the first paragraph of Schedule B to the Act		1
All facilities not covered by subparagraph q of the first paragraph of Schedule A to the Act that relate to nautical activities		1
All facilities that relate to a training activity		1
All activities of a military or ballistics nature		1
All energy generation projects not covered by subparagraph c, d, e, f or g of the first paragraph of Schedule A to the Act or by subparagraph c of the first paragraph of Schedule B to the Act		3
All energy conversion projects		1
All installations of wastewater treatment facilities and all drinking water supply systems not covered by subparagraph k of the first paragraph of Schedule A to the Act or by subparagraph f of the first paragraph of Schedule B to the Act		1
All road infrastructure not covered by subparagraphs h and p of the first paragraph of Schedule A to the Act		1
All decontamination, restoration and rehabilitation activities and associated activities		1
All solid waste management activities in a remote area		1
All temporary or permanent runways in a remote area		1
All bank stabilization or habitat protection projects		1
All plant and wildlife development projects		1
All petroleum depot management projects		1
All animal production projects		3
All meteorological, hydrological and hydrometeorological stations or wind measurement masts		1

M.O. 2021-11-23, Sch. III.

SCHEDULE IV

(s. 6)

FEES PAYABLE ACCORDING TO THE ACTIVITIES REFERRED TO IN SECTION 22 OF THE ACT

The fees payable are determined on the basis of the analysis costs of an application for the issue of an authorization or the amendment or renewal of an authorization, and vary in particular according to the nature and importance of the activity and the complexity of the technical and environmental aspects of the file.

In accordance with section 6, where the application covers the issue, amendment or renewal of an authorization for a project involving an activity for which no fees are listed in any of the tables below, the fee payable is $668.

M.O. 2021-11-23, Sch. IV; I.N. 2023-12-12.

REFERENCES

M.O. 2021-11-23, 2021 G.O. 2, 5072