S-3.1.01, r. 1 - Dam Safety Regulation

À jour au 1^er janvier 2016

Ce document a valeur officielle.

chapter S-3.1.01, r. 1

Dam Safety Regulation

Dam Safety Act

(chapter S-3.1.01, ss. 6, 14, 15, 16, 17, 19, 20, 21, 24, 29, 31, 36 and 37).

The fees prescribed in the Regulation have been indexed as of 1 January 2016 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 19 December 2015, page 1277. (ss. 64, 65, 66, 67, 68, 69)

CHAPTER I GENERAL

1. This Regulation applies to all dams governed by the Dam Safety Act (chapter S-3.1.01).

O.C. 300-2002, s. 1.

2. The height of a dam is the vertical distance between the lowest point of the natural surface of the ground at the downstream toe of the dam and the uppermost point of the top of the dam.

O.C. 300-2002, s. 2.

3. The impounding capacity of a dam is the total volume of water stored in the reservoir measured at the full supply level. Where bathymetric surveys or other site surveys to measure the impounding capacity with greater precision are unavailable,

(1)  the impounding capacity of a dam built across a watercourse is equal to the product of the backflow length multiplied by one-half the reservoir depth and by the average width of the body of water formed by the dam; and

(2)  the impounding capacity of other dams is equal to the product of the surface area of the reservoir multiplied by the reservoir depth.

The reservoir depth is the vertical distance between the lowest point of the natural surface of the ground at the downstream toe of the dam and the full supply level.

O.C. 300-2002, s. 3.

4. For the purposes of this Regulation, unless the context requires otherwise,

“existing dam” means a dam completely constructed by the date of coming into force of the Act or under construction on that date, as well as a dam construction project for which the developer had, on the date of coming into force of the Act, obtained the required approval under the Watercourses Act (chapter R-13); (barrage existant)

“full supply level” means the maximum normal operating water surface level of a reservoir; (niveau maximal d’exploitation)

“project” means the complex of structures impounding the water of a single reservoir that are owned by the same person; (aménagement)

A reservoir includes any lake referred to in the Banque de noms de lieux du Québec.

O.C. 300-2002, s. 4.

CHAPTER II REGISTER OF DAMS

5. The register of dams established under section 31 of the Act must contain the following information and documents:

(1)  the official name of the dam as established by the Commission de toponymie and the particulars of its location;

(2)  the name and address of the dam owner;

(3)  the year the dam was constructed and, where applicable, the year any structural alterations were made to the dam;

(4)  the dam uses;

(5)  a description of the dam that includes the dam type, foundation type, dam height, impounding capacity and reservoir depth;

(6)  the hydrologic and hydraulic data in respect of the dam, including discharge capacity, in the case of a high-capacity dam, reservoir surface area and backflow length, reference to any upstream or downstream structures and, where a dam is part of a project, reference to the other structures forming part of the project;

(7)  the seismic zone in which the dam is located with reference to the seismic zone map in Schedule I; and

(8)  1 or more photographs of the dam.

In respect of high-capacity dams within the meaning of section 4 of the Act, the following information must also be entered in the register of dams:

(1)  the dam classification under Division I of Chapter III;

(2)  the dam failure consequence category;

(3)  the year of a planned safety review and the year it was effectively carried out; and

(4)  the year in which there was any change in the use of the dam likely to affect its safety and, where applicable, the year of a permanent or temporary stopping of its operation.

The dam failure consequence category of an existing dam shall not be entered in the dam register until it has been reviewed pursuant to section 19.

O.C. 300-2002, s. 5; O.C. 17-2005, s. 1; O.C. 901-2014, s. 22.

6. The dam owner shall, within 3 months of the dam commissioning date, send the information or documents required for the preparation of the register of dams to the Minister, unless an application for authorization or a declaration has been filed under the Act with respect to the construction of the dam.

Every offence against any provision of this section renders the owner liable to a fine of not less than $2,000 and not more than $200,000.

O.C. 300-2002, s. 6.

7. The dam owner shall notify the Minister as soon as possible of any change affecting the accuracy of the information recorded in the register of dams. The owner shall also, within 3 months of receiving a request to that effect, send to the Minister any information or document required to update the register of dams.

Every offence against any provision of this section renders the owner liable to a fine of not less than $2,000 and not more than $200,000.

O.C. 300-2002, s. 7.

8. The public shall have access to the register of dams through the Internet, excluding access to the names and addresses of owners who are natural persons.

O.C. 300-2002, s. 8.

CHAPTER III HIGH-CAPACITY DAMS

DIVISION I DAM CLASSIFICATION

9. Every dam must be classified on the basis of the degree of risk it poses to persons and property, measured by multiplying the numerical value of its vulnerability (V) calculated under section 12 by the numerical value of the potential consequences of a dam failure (C) determined under section 16, to which “P” is the assigned value in the formula “P = V x C”.

O.C. 300-2002, s. 9.

10. Following are the classes of dams based on the values determined under section 9, in addition to the class referred to in the second paragraph:

_________________________________________________

      “P” Value                Dam Class
_________________________________________________

        P ≥ 120                    A
_________________________________________________

     70 ≤ P < 120                  B
_________________________________________________

     25 ≤ P < 70                   C
_________________________________________________

         P < 25                    D
_________________________________________________        

A dam in the Very Low Consequence category is a Class E dam if the “P” value determined under section 9 is less than 70.

If a dam consists of more than 1 section, each section must be assessed individually and the dam class shall be that of the section with the highest “P” value.

O.C. 300-2002, s. 10; O.C. 901-2014, s. 22.

11. A dam shall be classified by the Minister prior to authorization for the construction of the dam, subject to the special provisions in section 74 relating to existing dams.

A dam owner may, at any time, apply for a review of the classification of the structure if a supporting report or study made under the responsibility of an engineer is submitted with the application.

O.C. 300-2002, s. 11.

Dam vulnerability (V)

12. The vulnerability (V) of a dam is measured by multiplying the arithmetic mean value of the constant physical parameters by the arithmetic mean value of the variable parameters.

O.C. 300-2002, s. 12.

13. The constant physical parameters to be considered are the dam height, dam type, impounding capacity and dam foundation type. The points to be assigned to each parameter based on the characteristics of the dam are set out in Schedule II.

If there is more than 1 foundation type in a section of a dam, the points to be assigned to the foundation type parameter for that section of the dam must be the highest of the points assigned to the different foundation types in that section.

O.C. 300-2002, s. 13; O.C. 17-2005, s. 2.

14. The variable parameters to be considered are

(1)  the dam age, which is the number of years since its construction or, as the case may be, as determined by the engineer in charge of the safety review on the basis of the useful life of the dam;

(2)  the seismic zone in which the dam is located according to the seismic zone map in Schedule I;

(3)  the dam condition, which is assessed by considering the physical state and structural condition of the dam, the quality and effectiveness of maintenance, aging, possible effects of external factors such as frost or earthquakes and any dam design or structural defects. At the completion of the assessment, the dam condition is rated “very good”, “good”, “acceptable”, “poor” or “undetermined”; and

(4)  the reliability of the discharge facilities of the dam, which must be capable of passing the inflow design flood. The reliability is assessed on the basis of the design of the discharge facilities and the procedures established by the owner to ensure that they operate effectively during floods. At the completion of the assessment, the reliability of the discharge facilities is rated “satisfactory”, “acceptable”, “unsatisfactory” or “undetermined”.

The points to be assigned to each variable parameter based on the characteristics of the dam are set out in Schedule III.

O.C. 300-2002, s. 14; O.C. 402-2011, s. 1.

15. For the purposes of the assessment of the reliability of discharge facilities, the sections of a dam that do not contain such facilities are given the same rating as the section that does. If there are discharge facilities in more than 1 section of the dam, the lowest rating given to any section also applies to every other section of the dam. The same rule applies if there are discharge facilities in every section of a dam.

If there is more than 1 dam on the rim of a single reservoir, the structures that are not equipped with discharge facilities are given the same rating as the dam that is so equipped. If more than 1 dam is equipped with discharge facilities, the lowest rating given to any such dam or to a section of one of those dams also applies to every other dam on the rim. The same rule applies if there are discharge facilities in every section of each dam.

O.C. 300-2002, s. 15.

Dam failure consequences (C)

16. For the purposes of section 9, the numerical value of the consequences of a dam failure (C) is based on the failure consequence category of the dam. The points assigned to each category are set out in Schedule IV.

O.C. 300-2002, s. 16; O.C. 901-2014, s. 22.

17. The dam failure consequence category is determined on the basis of the characteristics of the downstream area, barring exceptions, that would be affected by the dam failure and takes into account, from among a number of dam failure scenarios, the one that would result in the highest consequence category. Those characteristics are assessed in terms of population density and the extent of downstream infrastructure and services that would be destroyed or severely damaged in the event of a dam failure. The consequence categories and a description of the characteristics used to determine each category appear in Schedule V.

O.C. 300-2002, s. 17.

18. The delineation of the area that would be affected by a dam failure and identification of the characteristics of the area are based on a dam failure analysis that includes inundation maps. That analysis, using recognized methods, consists of a detailed evaluation of the consequences of a dam failure by means of an accurate delineation of the affected area and identification of the characteristics of the area. The analysis involves an examination of various dam failure scenarios under normal conditions and in flood conditions. It includes a description of the assumptions and procedures that were used to select the scenarios examined and to determine the dam break flood wave, flood wave arrival times and the extent of the affected area. For scenarios in which the dam fails during a flood, the affected area would be the area that would be inundated due entirely to the dam failure.

If, in the opinion of the engineer in charge, the dam failure consequence category is “moderate”, only rough inundation maps showing the area that would be affected by a dam failure are required. This mapping consists of a rough assessment of the consequences of a dam failure by means of a delineation of the affected area on topographical maps and identification of the characteristics of the area. The mapping is established on basic hydrologic and hydraulic calculations, such as flood flows and breach flows, as well as on a rough analysis of the downstream watercourse profile and cross-sections. For the purposes of the mapping, the extent of the affected area is determined by adding the breach flow to the 1000-year flood flow to a point of attenuation or restriction, such as confluence with a large lake or river or another dam.

If, in the opinion of the engineer in charge, the dam failure consequence category is “very low” or “low”, only a characterization of the area that would be affected by the dam failure is required. That characterization consists of a conservative estimate of the consequences of a dam failure by means of a rough delineation of the affected area and a general description of the characteristics of the area. For the purposes of the characterization, the extent of the affected area is established by adding the reservoir depth to the 100-year flood level to a point of attenuation or restriction, such as confluence with a large lake or river or another dam.

The dam failure analysis, rough mapping and characterization referred to in this section must be carried out under the responsibility of an engineer.

O.C. 300-2002, s. 18.

19. The dam failure consequence category shall be determined by the Minister prior to authorization for the construction of a dam, subject to the special provisions in section 74 relating to existing dams.

The category determined under the first paragraph shall be reviewed in the following circumstances:

(1)  following a dam safety review;

(2)  prior to authorization for the permanent or temporary stopping of the operation of the dam, such as results on full seasonal opening of the dam’s discharge facilities; and

(3)  prior to authorization for the structural alteration of a dam or a change in use likely to affect its safety, including changes involving putting a dam back into operation or partially stopping its operation, where carrying out the project for which the authorization is sought would enlarge the area that would be affected by a dam failure.

However, a dam owner may at any time apply to the Minister for a review of the dam failure consequence category of the dam, with the supporting dam failure analysis, rough maps or characterization required under section 18 for the consequence category the owner believes is applicable to the structure.

O.C. 300-2002, s. 19; O.C. 17-2005, s. 3.

DIVISION II MINIMUM SAFETY STANDARDS

§ 1 . — Flood resistance

20. For the purposes of this subdivision, unless the context requires otherwise,

“erodible dam” means a dam with an earthfill or rockfill component that is not designed for overflow and the erosion of which would cause a dam failure in a flood; (barrage susceptible d’érosion)

“safety check flood” is the flood that a dam must be capable of withstanding under extreme conditions while continuing to operate safely, accepting some damage and a reduction in safety factors but without causing dam failure. (crue de sécurité)

O.C. 300-2002, s. 20.

21. Subject to sections 21.1, 22 and 24, every dam must be able to withstand any of the following safety check floods, taking into account the highest dam failure consequence category in flood conditions:

___________________________________________________________________________________

Highest dam failure consequence category                      Safety Check Flood           
       in flood conditions            
___________________________________________________________________________________

  Very low or low                                                 Centennial*      
                                                                (1: 100 years)
___________________________________________________________________________________

  Moderate or high                                                Millennial*      
                                                               (1: 1,000 years)     
___________________________________________________________________________________

  Very high                                                    Decamillennial*     
                                                              (1: 10,000 years)
___________________________________________________________________________________

  Severe                                                     Probable maximum flood
___________________________________________________________________________________       
* Safety check floods expressed according to their recurrence interval.

O.C. 300-2002, s. 21; O.C. 901-2014, s. 2.

21.1. A dam’s safety check flood may be less than that established under section 21, without being less than the centennial flood, if an engineer certifies that a dam failure during such a flood would cause a consequence category lower than that determined pursuant to section 19.

The engineer’s certificate must be sent to the Minister, together with the dam failure analysis or the rough inundation maps referred to in section 18.

O.C. 901-2014, s. 2.

22. For a dam of which at least half the inflow during floods is controlled by another dam operated upstream, the safety check flood is, subject to section 24, the greater of

(1)  the safety check flood determined under section 21 or 21.1; and

(2)  the lesser of the 10,000-year flood and the inflow equivalent to the discharge capacity of the upstream dam together with the local inflows.

If more than 1 dam is located on the same watercourse upstream of the dam in question, the flow to be considered is the flow equivalent to the discharge capacity of the upstream dam with the greatest discharge capacity, taking the local inflows and the flood routing by the other dams into account. This rule also applies if the upstream dams are located on different watercourses; however, in that event, the flow that must be considered is the total flow obtained by adding, for each watercourse, the flow equivalent to the discharge capacity of the upstream dam with the greatest discharge capacity, taking the local inflows and flood routing into account.

This section does not apply to a dam whose failure consequence category is “very low” or “low”.

O.C. 300-2002, s. 22; O.C. 402-2011, s. 2; O.C. 901-2014, s. 3.

23. (Revoked).

O.C. 300-2002, s. 23; O.C. 17-2005, s. 4; O.C. 402-2011, s. 3; O.C. 901-2014, s. 4.

24. Only 1 safety check flood shall apply to all the dams located on the rim of a single reservoir and it shall be that of the dam with the highest safety check flood determined under section 21, 21.1 or 22.

O.C. 300-2002, s. 24; O.C. 901-2014, s. 5.

25. The crest of an erodible dam at its lowest point must not be less than 1 m above the safety check flood level, unless the owner demonstrates to the Minister’s satisfaction that all hydrologic and hydraulic uncertainties and flood management uncertainties have been taken into account in the determination of the safety check flood.

The factors that the Minister shall consider include the extent of sampling periods and the reliability of the source data, the methods and models used, the accuracy of the calculations, the catchment basin lag time and the routing of the safety check flood as well as the dam’s capacity to manage it, in particular with respect to response and operating time, the reliability of discharge facilities and the impounded water management plan.

This section does not apply to dams designed to withstand a “probable maximum flood”.

O.C. 300-2002, s. 25; O.C. 402-2011, s. 4.

26. Any impervious component of an erodible dam must be at least as high as the safety check flood level.

This section does not apply to existing dams.

O.C. 300-2002, s. 26.

27. Realistic and conservative assumptions and methods based on good practice must be used to estimate the safety check flood for a dam and to assess the dam’s capacity to manage it.

O.C. 300-2002, s. 27.

§ 2 . — Earthquake resistance

28. Every dam must be designed to remain stable during the earthquake loading to which it may be subjected in the zone in which it is located.

This section does not apply to a dam whose failure consequence category is “very low” or “low”.

O.C. 300-2002, s. 28; O.C. 901-2014, s. 6.

29. Calculations regarding the structural and foundation seismic stability of a dam must be done on the basis of a return period of 2,500 years and by using either of the following peak ground acceleration values:

(1)  the value which, under Schedule I, corresponds to the seismic zone in which the dam is located;

(2)  the value which, with regard to the location of the dam, may be determined from the seismic data established by the Geological Survey of Canada.

O.C. 300-2002, s. 29; O.C. 402-2011, s. 5; O.C. 901-2014, s. 7.

DIVISION III OPERATION

§ 1 . — Impounded water management plan

30. An impounded water management plan must be drawn up for every dam or project before its commissioning. The plan must describe all the procedures to be followed by the owner for the safe management of the impounded water, in particular during situations in which persons or property located upstream or downstream are at risk, excluding the emergency action plan procedures.

The plan must include

(1)  a description of the hydrographical network upstream and downstream of the dam, including flood estimates and the catchment basin lag time as well as, where applicable, reference to other structures in the network that may affect the operation of the dam or whose operation the dam may affect and a quantification of any such impact;

(2)  operational constraints relating to the safety of persons or property located upstream or downstream of the dam during normal operation and during floods;

(3)  the full supply level;

(4)  the flow and level of the safety check flood;

(5)  the level or depth at which the reservoir overflows at its lowest point;

(6)  the reservoir storage curve, if available;

(7)  the discharge curve;

(8)  if there are any inhabited areas near the dam, the upstream and downstream flood limits;

(9)  a description of the measures that will be taken by the owner to manage the reservoir when the flow reaches the lower flood level, that is, the flow at which property may be affected by the discharged water; and

(10)  where applicable, a description of the communications strategy for providing information on potential hazards to the civil protection authorities, other dam owners in the hydrographic system, enterprises and inhabitants that will ultimately be affected by the implementation of the impounded water management plan.

O.C. 300-2002, s. 30.

31. The owner is required, at all times, to make all necessary amendments to the impounded water management plan in the event of any change affecting the procedures set out in the plan or the information contained therein.

O.C. 300-2002, s. 31.

32. The impounded water management plan must be updated and reviewed

(1)  when a dam safety review is conducted;

(2)  (paragraph revoked);

(3)  prior to authorization for the structural alteration of the dam or for a change in use likely to affect its safety, including changes involving putting a dam back into operation or partially stopping its operation, if carrying out the project for which the authorization is sought would modify the impounding capacity, the full supply level or the discharge capacity of the dam. This rule also applies if the structural alteration would require modifying the safety check flood.

O.C. 300-2002, s. 32; O.C. 17-2005, s. 5.

33. As soon as possible after the preparation or amendment of an impounded water management plan, the dam owner shall send a summary of the plan as drawn up or amended to the local municipality within whose territory the dam is located. If the dam is located in unorganized territory, the plan summary shall be sent to the competent regional authority or to the Minister of Public Security, as provided in section 8 of the Civil Protection Act (chapter S-2.3).

The management plan summary must include the particulars listed in subparagraphs 2 to 5 and 8 of the second paragraph of section 30 and a summary of the descriptions referred to in subparagraphs 9 and 10 of the same provision.

O.C. 300-2002, s. 33.

34. The provisions of this subdivision do not apply to Class E dams.

Nor do they apply to dams in other classes in the following cases:

(1)  the only discharge facility of the dam is a free weir;

(2)  an engineer certifies that it is not necessary to manoeuvre the dam discharge facilities during floods.

The engineer’s certificate must be sent to the Minister, together with a summary of the reasons supporting it.

O.C. 300-2002, s. 34; O.C. 901-2014, s. 8.

§ 2 . — Emergency action plan

35. An emergency action plan must be drawn up before the commissioning of any dam. The plan shall set out the procedures to be followed for the protection of persons and property upstream or downstream of the dam in the event of an actual or imminent dam failure or to mitigate the effects of the disaster.

The plan must include

(1)  the name of the local municipality, regional county municipality or any other regional body whose territory would be affected by a dam failure;

(2)  a list of the conditions that could lead to a dam failure;

(3)  a general description of the area that would be affected by a dam failure, including the principal infrastructures that would be destroyed or severely damaged;

(4)  a description of the internal and external human, material and organizational resources that would be available in the event of a disaster; and

(5)  a description of the monitoring and warning procedures in the event of an actual or imminent dam failure that have been established by the owner, including

(a)  a description of the prevention, potential dam failure detection and mitigation measures established by the owner;

(b)  warning and dam personnel mobilization procedures for the various conditions that may lead to a dam failure;

(c)  the procedure for warning civil protection authorities and, where applicable, residents; and

(d)  the operation and decision centre.

The inundation maps referred to in the first paragraph of section 18 must be appended to the emergency action plan. The maps must indicate the dam break flood wave travel time in the event of a dam failure in normal conditions and during floods and take into account, for the latter eventuality, the water elevation equal to the safety check flood for the dam. Only rough maps that comply with the second paragraph of section 18 are required for dams in the Moderate Consequence category.

O.C. 300-2002, s. 35; O.C. 901-2014, s. 22.

36. The owner must provide for the training of all dam personnel involved in the emergency action plan and, in particular, of the person in charge of implementing the plan. The owner must also make sure that drills to test the implementation of the plan are held periodically and when specifically requested by the civil protection authorities.

O.C. 300-2002, s. 36.

37. The owner is required, at all times, to make all necessary amendments to the emergency action plan in the event of any change affecting the procedures set out in the plan or the information contained therein, in particular with respect to the resources available in the event of a disaster.

O.C. 300-2002, s. 37.

38. The emergency action plan must be reviewed

(1)  when a dam safety review is conducted;

(2)  prior to authorization for the permanent or temporary stopping of the operation of the dam; and

(3)  prior to authorization for the structural alteration of the dam or for a change in use likely to affect its safety, if carrying out the project for which authorization is sought would enlarge the area that would be affected by a dam failure.

O.C. 300-2002, s. 38.

39. As soon as possible after the preparation or amendment of an emergency action plan, the dam owner shall send a summary of the plan as drawn up or amended to the local municipality within whose territory the dam is located. If the dam is located in unorganized territory, the plan summary shall be sent to the competent regional authority or to the Minister of Public Security, as provided in section 8 of the Civil Protection Act (chapter S-2.3). The Minister shall be notified whenever such a plan summary is sent.

The emergency action plan summary must include the particulars listed in subparagraph 1 and subparagraphs c and d of subparagraph 5 of the second paragraph of section 35. It must also include a summary of the particulars referred to in subparagraph 3 and subparagraphs a and b of subparagraph 5 of that provision. As the case may be, the inundation maps or the rough maps referred to in the third paragraph of section 35 must be appended to the summary.

O.C. 300-2002, s. 39.

40. This subdivision does not apply to dams in the Very Low or Low Consequence category.

O.C. 300-2002, s. 40; O.C. 901-2014, s. 22.

§ 3 . — Monitoring

41. Every dam must, according to its class, be the subject of the minimum number of inspections indicated in the table below in accordance with the frequency mentioned therein:

___________________________________________________________________________________

Type of                           Number and frequency of inspections according to 
inspection                                        the dam’s class                
                               ____________________________________________________
               
                                A         B           C           D          E
___________________________________________________________________________________

Site inspection              12/year    6/year      2/year      2/year     1/year 
___________________________________________________________________________________

Inspection                   1/year   1/2 years   1/5 years   1/8 years  1/10 years
___________________________________________________________________________________

Site inspections whose frequency is higher than 1 per year must be spread as evenly as possible over the year.

An inspection carried out during a year reduces the number of site inspections required for that year by 1.

O.C. 300-2002, s. 41; O.C. 901-2014, s. 9.

42. A site inspection is intended to make a summary description of the dam’s condition and, if a minor deficiency was discovered during a prior inspection, to monitor the evolution of the deficiency.

An inspection is intended to check a dam’s condition in all aspects and to monitor its behavior. It may include the taking of measurements and the analysis thereof.

O.C. 300-2002, s. 42; O.C. 17-2005, s. 6; O.C. 901-2014, s. 9.

43. Notwithstanding section 42, the monthly site inspections may be omitted for the months of December to April inclusively for a dam in the Very Low, Low or Moderate Consequence category unless the dam has deficiencies that require that the inspections be maintained.

O.C. 300-2002, s. 43; O.C. 17-2005, s. 7; O.C. 901-2014, ss. 10 and 22.

44. For the purposes of section 41, an inspection referred to in subparagraph a of paragraph 1 of section 48, paragraph 1 of section 49.0.1 and subparagraph 1 of the first paragraph of section 49.1 reduces by one the number of site inspections required for the year in which the inspection is made.

In addition, if such inspection is made during a year for which an inspection referred to in section 41 had to be made, it counts as the latter.

O.C. 300-2002, s. 44; O.C. 901-2014, s. 11.

45. The site inspections of a Class A, Class B or Class C dam must be carried out by one of the following persons or under their supervision:

(a)  an engineer;

(b)  a person who holds a diploma at the college level awarded upon completion of a program referred to in paragraph 4 of section 2.09 of the Regulation respecting the diplomas issued by designated educational institutions which give access to permits or specialist’s certificates of professional orders (chapter C-26, r. 2);

(c)  a person with technical experience in the field of dams.

O.C. 300-2002, s. 45; O.C. 17-2005, s. 8; O.C. 402-2011, s. 6; O.C. 901-2014, s. 12.

45.1. Dam inspections, regardless of the class to which the dam belongs, must be carried out by an engineer.

O.C. 901-2014, s. 12.

§ 4 . — Logbook

46. Every dam owner must, from the dam commissioning date, establish and maintain a logbook in which activities and important events relating to the safety of the dam are recorded in chronological order.

In addition to the information required under section 21 of the Act, the logbook must contain

(1)  a brief description of all inspection activities carried out, indicating the reservoir level at each inspection;

(2)  a brief description of every safety review conducted; and

(3)  a description of any maintenance, repair or structural alteration work to the dam.

The logbook must also contain, where applicable,

(1)  a description of unusual natural events, such as earthquakes, a flood with a 20-year or more recurrence interval, rainstorms or windstorms, landslides, floating islands, and ice conditions;

(2)  a description of events caused by human activity, such as vandalism or sabotage or work carried out near the dam, that could affect its stability;

(3)  any deviation from operational constraints relating to dam safety established at the time of dam design or in a safety review, in particular with respect to the full supply level and to filling and drawdown speeds;

(4)  a description of special activities, such as behaviour tests or investigations; and

(5)  a description of operations that have been carried out, excluding regular flow controls.

The owner of an existing dam must enter in the logbook, to the best of the owner’s knowledge, the actions that have been taken and the significant events that have occurred from the dam commissioning to the date of coming into force of the Act.

O.C. 300-2002, s. 46.

47. The project owner may elect to establish and maintain more than 1 logbook. Where a logbook pertains to more than 1 dam, each entry in the logbook must identify the dam to which it refers.

O.C. 300-2002, s. 47.

DIVISION IV DAM SAFETY REVIEW

48. A dam safety review for a dam whose failure consequence category is equal to or greater than «moderate» must include;

(1)  checking the condition and behaviour of the dam by means of

(a)  an inspection of every structural component;

(b)  an analysis of the compiled results of every inspection carried out since the last safety review or, in the absence of such a review, during the period considered appropriate by the engineer in charge of the review;

(c)  where applicable, a check of the instrumentation and an analysis of the readings since the last safety review or, in the absence of such a review, during the period considered appropriate by the engineer in charge of the review; and

(d)  a check of the functionality and reliability of the discharge facilities;

(2)  verifying the dam design by means of

(a)  a reappraisal of the design criteria, namely, the data, assumptions and analysis methods considered at the time of dam design, in particular with reference to hydrology, hydraulics, structure, discharge capacity and flood routing; and

(b)  a validation of the stability of the dam and foundation, including, if the engineer in charge considers it appropriate, geotechnical investigations and static stability calculations or, where required, pseudostatic or dynamic stability calculations, of the structure and foundation of the dam based on dam design criteria in use at the time of the safety review, establishing new safety factors. The validation includes, if the engineer considers it appropriate, a characterization of the dam materials.

(3)  where applicable, checking the safety devices with which the dam is equipped, namely, emergency systems, emergency detector systems and back-up systems;

(3.1)  analysing the topography of the reservoir rim;

(4)  reviewing the dam’s classification; and

(5)  reviewing the impounded water management plan, if such a plan is required under Subdivision 1 of Division III for the dam undergoing the safety review.

O.C. 300-2002, s. 48; O.C. 901-2014, s. 13.

49. The report documenting the dam safety review referred to in section 48 must set out the procedure followed by the engineer in charge of the review and include, depending on the component in question, the engineer’s comments, opinions and recommendations. The report must also contain the data, methods and design assumptions on which the analyses and checks were based. The report must include

(1)  a brief description of the instrumentation if the dam is so equipped, an assessment of their condition and their effectiveness and the opinion of the engineer in charge on the readings;

(2)  a description of the maintenance and repair work carried out since the last safety review or, in the absence of such a review, for the period considered appropriate by the engineer in charge;

(3)  the opinion of the engineer in charge on the functionality and reliability of the discharge facilities;

(4)  a description of the compiled observations and deficiencies discovered, including comments on them, as well as the opinion of the engineer in charge on the condition of the dam and on the impact of the work that was carried out on the safety of the dam;

(5)  the opinion of the engineer in charge on the adequacy of the dam design in relation to good practice and to the minimum safety standards;

(5.1)  the opinion of the engineer in charge on the liquefaction potential of the dam and its foundation and the data on which that opinion is based;

(6)  a description of the safety devices, checks and tests that have been carried out, as well as the opinion of the engineer in charge on their functionality and adequacy;

(7)  if applicable, the recommendations of the engineer in charge as to the need for an intervention at the locations, on the reservoir rim, through which overflow could occur during a flood equal to the dam’s safety check flood;

(8)  if applicable, the recommendations of the engineer in charge in respect of the remedial work that, considering in particular the elements listed in section 48, must be carried out to ensure the dam’s safety and the engineer’s opinion on the time required to carry out the work;

(9)  if applicable, the opinion of the engineer in charge on the temporary measures and work required to ensure the dam’s safety until the remedial work is carried out; and

(10)  the recommendations of the engineer in charge in respect of the class and dam failure consequence category that should apply to the dam, together with, as the case may be, the dam failure analysis, rough inundation maps or characterization of the area referred to in section 18.

The report must also include

(1)  the official name of the dam as established by the Commission de toponymie, and the particulars of its location;

(2)  the name and address of the dam owner;

(3)  the name and position of the owner’s representative responsible for dam safety;

(4)  a brief description of the dam and its geometric size;

(5)  a description of available data pertinent to the dam safety review, such as the catchment hydrologic and hydraulic characteristics at the time of dam design, the geology, geotechnics and seismicity of the zone in which the dam is located and the characteristics of the foundation and the materials used to build the dam;

(6)  the name and address of the engineer in charge of the dam safety review;

(7)  where applicable, the date on which the last dam safety review was carried out; and

(8)  a list of the reference documents used in the dam safety review.

If the review of the impounded water management plan results in the drawing up of a new plan, a summary of the plan that complies with the second paragraph of section 33 must be appended to the report.

O.C. 300-2002, s. 49; O.C. 901-2014, s. 14.

49.0.1. The safety review of a dam whose failure consequence category is “very low” or “low” must include

(1)  checking the dam’s condition by means of an inspection of its structure;

(2)  checking the functionality and reliability of the discharge facilities;

(3)  checking the dam’s discharge capacity, including a review of the hydrologic and hydraulic data and assumptions with respect to the dam’s safety check flood;

(4)  if, on the reservoir rim, there are other dams whose failure consequence category is equal to or greater than “moderate”, checking the dam’s stability with regard to its safety check flood;

(5)  analysing the topography of the reservoir rim;

(6)  reviewing the dam’s classification;

(7)  reviewing the impounded water management plan if, under subdivision 1 of Division III, such a plan is required for the dam concerned.

O.C. 901-2014, s. 15.

49.0.2. The report documenting the dam safety review must include

(1)  the opinion of the engineer in charge on the dam’s condition;

(2)  the opinion of the engineer in charge on the functionality and reliability of discharge facilities;

(3)  the opinion of the engineer in charge on the discharge capacity of the dam with respect to its safety check flood;

(4)  if, on the reservoir rim, there are other dams whose failure consequence category is equal to or greater than “moderate”, the opinion of the engineer in charge on the dam’s stability with regard to its safety check flood;

(5)  if applicable, the recommendations of the engineer in charge as to the need for an intervention at the locations, on the reservoir rim, through which overflow could occur during a flood equal to the dam’s safety check flood;

(6)  if applicable, the recommendations of the engineer in charge in respect of the remedial work that, considering in particular the elements listed in 49.0.1, must be carried out to ensure the dam’s safety and the engineer’s opinion on the time required to carry out the work;

(7)  if applicable, the opinion of the engineer in charge on the temporary measures and work required to ensure the dam’s safety until the remedial work is carried out;

(8)  the recommendations of the engineer in charge in respect of the class and dam failure consequence category that should apply to the dam, together with, as the case may be, the dam failure analysis, rough inundation maps or characterization of the area referred to in section 18.

The report must also include the information referred to in subparagraphs 1 to 4 and 6 of the second paragraph of section 49.

O.C. 901-2014, s. 15.

49.1. Where the owner of a dam intends, within 5 years, to remove it, reconstruct it or make a structural alteration to it that affects all parts of the dam or that, because of the scope of the work, is equivalent to reconstructing the dam, the dam safety review may be limited to the following:

(1)  a check of the condition and behaviour of the dam by means of an inspection of every structural component; and

(2)  a check of the functionality and reliability of the discharge facilities.

The report documenting the dam safety review must include

(1)  the report of the most recent inspection carried out pursuant to section 41; and

(2)  the opinion of the engineer in charge on the structural and functional safety of the dam and, where applicable, on the measures proposed to prevent the risks of dam failure until the planned work is carried out.

The report must also contain the information referred to in subparagraphs 1 to 4 and 6 of the second paragraph of section 49.

Paragraph 1 of sections 32 and 38 and subparagraph 1 of the first paragraph of sections 76 and 77 do not apply to a dam whose safety review is conducted under this section.

O.C. 402-2011, s. 7; O.C. 901-2014, s. 16.

50. A dam safety review must be conducted, and the attendant report sent to the Minister, every 10 years. That frequency is increased to 15 years and 20 years for dams in the Low and Very Low Consequence category, respectively.

Where a dam undergoes a structural alteration that affects all parts of the structure or that, because of the scope of the work, is equivalent to reconstructing the dam, the schedule of reviews and reports is moved forward, the period for the next review and report being computed from the year of completion of the work.

O.C. 300-2002, s. 50; O.C. 17-2005, s. 9.

51. Subject to the provisions of sections 78 to 80 respecting an existing dam, the first dam safety review must be conducted not later than in the tenth year following the year of dam commissioning. That deadline is postponed to the 15th year and the 20th year for dams in the Low and Very Low Consequence category, respectively.

For the purposes of section 50 and this section, the year of dam commissioning and the year of completion of the work are the years during which the Minister must be advised of the completion of the work as provided in section 10 of the Act.

O.C. 300-2002, s. 51; O.C. 17-2005, s. 9.

52. The Minister’s decision under section 17 of the Act in respect of the remedial work that the owner intends to carry out and implementation schedule must be rendered within 6 months after receipt of the outline and schedule submitted by the owner.

O.C. 300-2002, s. 52; O.C. 901-2014, s. 17.

DIVISION V SAFETY PROGRAMS

53. The Minister may approve a safety program on the condition that the program has been in effect, under the responsibility of qualified persons, for at least 5 years and covers all the dams belonging to the owner of at least 10 high-capacity dams.

In addition, a safety program shall not be approved unless the application for approval of the program complies with section 55.

O.C. 300-2002, s. 53.

54. A safety program must, for every dam or structure covered by the program, provide for

(1)  management of the impounded water, in particular the content of a management plan and plan updating procedures;

(2)  emergency preparedness in respect of any dams covered by the program that are subject to the requirement of an emergency action plan under Subdivision 2 of Division III, in particular the content of an emergency action plan and plan updating procedures;

(3)  the frequency, nature and content of monitoring activities and the qualification requirements for carrying them out;

(4)  a dam safety review, in particular the content and frequency of the review;

(5)  the content of the logbook referred to in section 21 of the Act; and

(6)  dam maintenance.

The program must also provide for the administration of the safety program, in particular with respect to the persons in charge of its implementation, their training and their respective responsibilities.

O.C. 300-2002, s. 54.

55. An application for the approval of a safety program must contain

(1)  the name and address of the dam owner;

(2)  the name and position of the owner’s representative in charge of administering the safety program;

(3)  the names of the dams concerned and the particulars of their location;

(4)  a summary of the content of the program under section 54; and

(5)  a demonstration that the program’s resulting level of safety is at least equal to the level that would be obtained with the implementation of the prescribed standards for which alternatives are proposed, with a reference to those regulatory provisions.

O.C. 300-2002, s. 55.

56. The Minister’s decision under section 23 of the Act in respect of a safety program must be rendered within 4 months after receipt of the proposal.

O.C. 300-2002, s. 56.

DIVISION VI APPLICATION FOR AUTHORIZATION

57. The following information and documents, in addition to those required by the Act, must be submitted with an application for authorization for the construction of a dam or for a structural alteration that affects all parts of the structure or that, because of the scope of the work, is equivalent to reconstructing the dam:

(1)  the appropriate hydrological and hydraulic studies;

(2)  the recommendation of the engineer responsible for the dam project plans and specifications in respect of the failure consequence category of the dam, to which is appended the dam failure analysis, rough maps or characterization required under section 18 for the consequence category the engineer considers appropriate for the dam;

(3)  the impounded water management plan summary if such a plan is required under Subdivision 1 of Division III for the dam to be constructed;

(4)  a description of emergency preparedness procedures in the event of a dam failure or failure of the temporary structures during the construction referred to in the application, if an emergency action plan is required under Subdivision 2 of Division III for the dam to be constructed;

(5)  the structural and foundation stability studies for the dam to be constructed, including geotechnical investigations;

(6)  seismic stability calculations for the dam to be constructed, unless the dam failure consequence category is “very low” or “low”;

(6.1)  the opinion of the engineer in charge on the liquefaction potential of the dam and its foundation and the data on which that opinion is based, unless the dam failure consequence category is “very low” or “low”;

(7)  the results of a topographic analysis of the reservoir rim;

(7.1)  if applicable, the recommendations of the engineer in charge as to the need for an intervention at the locations, on the reservoir rim, through which overflow could occur during a flood equal to the dam’s safety check flood; and

(8)  detailed cost estimates of the planned work.

A $200 deposit on the fees prescribed in section 64 must accompany the application for authorization. The deposit is not refundable under any circumstances.

O.C. 300-2002, s. 57; O.C. 17-2005, s. 10; O.C. 402-2011, s. 8; O.C. 901-2014, ss. 18 and 22.

58. In addition to the information and documents required by the Act, the following information and documents adapted and prepared specifically in relation to the proposed alteration must be submitted with an application for authorization for the structural alteration of a dam that is not an alteration under section 57:

(1)  the structural and foundation stability studies for the dam, including geotechnical investigations;

(2)  seismic stability calculations for the dam, unless the dam failure consequence category is “very low” or “low”;

(3)  the opinion of the engineer in charge on the liquefaction potential of the dam and its foundation and the data on which that opinion is based, unless the dam failure consequence category is “very low” or “low”;

(4)  a description of emergency preparedness procedures in the event of a dam failure or failure of the temporary structures during the structural alteration work for which the authorization is sought, if an emergency action plan is required for the dam under Subdivision 2 of Division III;

(5)  if the proposed structural alteration would enlarge the area that would be affected by a dam failure, the recommendation of the engineer in charge of drawing up the plans and specifications for the proposed alteration in respect of the dam failure consequence category, to which is appended the dam failure analysis, rough maps or characterization required under section 18 for the consequence category the engineer considers appropriate for the dam; and

(6)  detailed cost estimates of the planned work.

In addition to the information and documents referred to in the first paragraph, if the structural alteration would change the safety check flood, the impounding capacity, the full supply level or the discharge capacity of the dam, the following documents must also be appended to the application for authorization:

(1)  the appropriate hydrologic and hydraulic studies;

(2)  the results of a topographic analysis of the reservoir rim;

(3)  if applicable, the recommendations of the engineer in charge as to the need for an intervention at the locations, on the reservoir rim, through which overflow could occur during a flood equal to the dam’s safety check flood;

(4)  the impounded water management plan summary, as revised at the time of the application for authorization if such a plan is required for the dam under subdivision 1 of Division III.

A $200 deposit on the fees prescribed in section 64 must accompany the application for authorization. The deposit is not refundable under any circumstances.

O.C. 300-2002, s. 58; O.C. 17-2005, s. 11; O.C. 402-2011, s. 9; O.C. 901-2014, ss. 19 and 22.

59. An application for authorization for the complete removal of a dam, or its partial removal if as a result the dam is no longer a high-capacity dam, must include

(1)  the geographic coordinates and geometric size of the dam;

(2)  a description of the planned work; and

(3)  a description of the impact of the dam removal on the natural characteristics of the watercourse, its bed and its shores.

An application for authorization for partial removal must also include

(1)  the name and address of the dam owner;

(2)  the plans and specifications of the altered dam, drawn up by an engineer, and the hydrologic and hydraulic data and assumptions considered; and

(3)  the new impounding capacity of the dam.

O.C. 300-2002, s. 59; O.C. 402-2011, s. 10.

60. The following information and documents must be submitted with an application for authorization for a change in use likely to affect the safety of the dam, including changes involving putting a dam back into operation or partially stopping its operation,

(1)  an assessment of the effects of the proposed change on dam safety;

(2)  the project engineer’s certification respecting the structural and foundation stability of the dam and the functionality and reliability of the discharge facilities; and

(3)  if carrying out the project referred to in the application for authorization would enlarge the area that would be affected by a dam failure, the recommendation of the project engineer in respect of the dam failure consequence category, to which is appended the dam failure analysis, rough maps or characterization required under section 18 for the consequence category the engineer considers appropriate for the dam;

(4)  the impounded water management plan summary, as revised for the purpose of the application for authorization if such a plan is required for the dam under Subdivision 1 of Division III.

O.C. 300-2002, s. 60; O.C. 17-2005, s. 12; O.C. 901-2014, s. 22.

61. The following information and documents must be submitted with an application for authorization for the permanent or temporary stopping of the operation of a dam:

(1)  if the application is for a permanent stopping:

(a)  a description of the measures that will be taken to terminate the operation of the dam;

(b)  the project engineer’s recommendation respecting the dam failure consequence category, to which is appended the dam failure analysis, rough maps or characterization required under section 18 for the consequence category the engineer considers to be appropriate for the dam once the operation has stopped; and

(c)  if the dam condition is “poor” or “undetermined” or if the dam failure consequence category reviewed under section 19 is “Moderate”, “High”, “Very High” or “Severe”, the project engineer’s certification respecting the structural and foundation stability of the dam; and

(2)  if the application is for a temporary stopping, such as results on full seasonal opening of the dam’s discharge facilities,

(a)  the year or, where the stopping of the dam’s operation is recurrent, the years for which the authorization is applied for and details on the time and duration of each anticipated period of temporary stopping; and

(b)  a description of the measures that will be taken to temporarily stop the operation of the dam.

O.C. 300-2002, s. 61; O.C. 17-2005, s. 13; O.C. 402-2011, s. 11; O.C. 901-2014, s. 22.

62. The Minister’s decision under section 5 of the Act in respect of the construction or structural alteration of a dam must be rendered within 6 months after receipt of the application for authorization.

The Minister’s decision under section 5 of the Act in respect of the complete or partial removal, a change in use or the permanent or temporary stopping of the operation of a dam must be rendered within 2 months after receipt of the application for authorization.

The Minister’s decision under section 9 of the Act in respect of a modification to the plans and specifications must be rendered within 10 days after receipt of the application.

O.C. 300-2002, s. 62; O.C. 402-2011, s. 12.

63. The time limits referred to in section 62 run from the date on which the file on the application is complete.

O.C. 300-2002, s. 63.

DIVISION VII FEES

64. The application processing fee for authorization for the construction or structural alteration of a dam is based on the following table, taking into account the cost estimated by the project engineer to perform the work requiring the authorization:

__________________________________________________________________________

       Cost of Work                                Fee                   
__________________________________________________________________________

    Less than $25,000           $1,099
__________________________________________________________________________

    $25,001 to $100,000         $1,099 for the first $25,000, plus $40 for
                                each additional $1,000 or part thereof
__________________________________________________________________________

   $100,001 to $500,000         $4,099 for the first  $100,000, plus $10  
                                for each additional $1,000 or part thereof
__________________________________________________________________________

   $500,001 to $1,000,000       $8,099 for the first $500,000, plus $4 for
                                each additional $1,000 or part thereof
__________________________________________________________________________

 $1,000,001 to $10,000,000      $10,099 for the first $1,000,000, plus $2 
                                for each additional $1,000 or part thereof
__________________________________________________________________________

$10,000,001 to $40,000,000      $28,099 for the first $10,000,000, plus $1 
                                for each additional  $1,000 or part 
                                thereof
__________________________________________________________________________

    $40,000,001 and up          $58,099 for the first $40,000,000, plus 
                                $0.10 for each additional $1,000 or part 
                                thereof
__________________________________________________________________________                        

The cost of the work includes the engineering fees and costs relating to the plan design and specifications, work supervision, quality control and materials, machinery and labour costs to carry out the dam construction or structural alteration work.

O.C. 300-2002, s. 64.

65. The application processing fee for authorization for a change in use likely to affect the safety of a dam is $259 per application for all classes of dams.

O.C. 300-2002, s. 65; O.C. 17-2005, s. 14.

66. The application processing fee for authorization for the complete or partial removal of a dam is $1,293 for a Class A dam, $647 for a Class B dam and $322 for a Class C, D or E dam.

O.C. 300-2002, s. 66; O.C. 402-2011, s. 13.

67. The file processing fee for the approval of the outline of remedial measures an owner intends to implement for a dam and the implementation schedule is $5,173 for a Class A dam, $3,235 for a Class B dam and $1,293 for a Class C, D or E dam.

O.C. 300-2002, s. 67.

68. The application processing fee for the approval of a safety program submitted under section 23 of the Act is $12,936 per owner. The fee for the renewal of a program is $3,235.

O.C. 300-2002, s. 68.

69. The annual fee payable by a dam owner to cover the costs incurred in the administration of the Act is $1,100 for a Class A or B dam, $227 for a Class C or D dam and $129 for a Class E dam.

The annual fee payable by the owner of a dam covered by a safety program under section 23 of the Act is 75% of the annual fee established in the first paragraph for each dam covered by the program.

The fees prescribed in this section cover the period from 1 April to 31 March of each year. A change in a dam’s classification shall not generate a fee adjustment for the year in which it occurs.

O.C. 300-2002, s. 69.

70. The fees prescribed in sections 64 to 69 must be paid within 30 days of the invoice date by certified cheque made payable to the Minister of Finance.

O.C. 300-2002, s. 70.

71. The fees prescribed in sections 65 to 69 shall be adjusted on 1 January of each year on the basis of the percentage change in the Consumer Price Index for Canada published by Statistics Canada, which is calculated by determining the difference between the average monthly index for the 12-month period ending on 30 September of the preceding year and the average monthly index for the same period of the second preceding year.

The adjusted fee shall be reduced to the nearest dollar if it contains a dollar fraction under $0.50 and it shall be increased to the nearest dollar if it contains a dollar fraction of $0.50 or more.

The Minister shall inform the public of the annual adjustment by a notice published in the Gazette officielle du Québec and by any other means the Minister may consider appropriate.

O.C. 300-2002, s. 71.

CHAPTER IV LOW-CAPACITY DAMS

72. A declaration of the construction or structural alteration of a dam must contain

(1)  the name and address of the owner and the particulars of the dam location, including geographic coordinates;

(2)  the impounding capacity of the dam;

(3)  the hydrologic and hydraulic data and assumptions considered at the time of dam design; and

(4)  the project description.

The project plans and specifications drawn up by an engineer must be submitted with the declaration.

O.C. 300-2002, s. 72.

73. A declaration of the removal of a dam must contain

(1)  the name and address of the owner and the particulars of the dam location, including geographic coordinates; and

(2)  a description of the proposed work.

O.C. 300-2002, s. 73.

CHAPTER V SPECIAL PROVISIONS RELATING TO EXISTING HIGH-CAPACITY DAMS

74. On the date of coming into force of the Act, the Minister shall classify all existing dams in accordance with Division I of Chapter III, subject to the following:

(1)  an existing dam shall not be classified as a Class E dam unless the owner applies for that classification and submits a supporting report or study prepared under the responsibility of an engineer. The same rule applies for the discharge facilities of the dam to be given an “acceptable” rating; and

(2)  the dam failure consequence category of an existing dam shall be determined on the basis of the characterization of the area as established by the Minister pursuant to the third paragraph of section 18.

O.C. 300-2002, s. 74.

75. Every existing high-capacity dam with characteristics that do not comply with the minimum safety standards under Division II of Chapter III on the date of coming into force of the Act must be brought into conformity with those standards

(1)  when the dam undergoes a structural alteration that affects all parts of the structure or that, because of the scope of the work, is equivalent to reconstructing the dam; or

(2)  not later than by the completion date stated in the outline of remedial measures and implementation schedule approved by the Minister under section 17 of the Act.

In addition, if structural alterations other than those referred to in subparagraph 1 are made to a dam before either of those times, the dam must be brought into conformity with the various safety standards respecting the work, the parts of the dam or the characteristics of the dam being altered or affected by the alterations to the structure of the dam.

O.C. 300-2002, s. 75; O.C. 17-2005, s. 15.

76. The owner of an existing dam shall, within the earlier of the following time limits, prepare an impounded water management plan pursuant to Subdivision 1 of Division III of Chapter III if such a plan is required under that subdivision for the dam in question:

(1)  the time limit applicable to the dam under section 78; and

(2)  prior to authorization for

(a)  a structural alteration to the dam if it affects all parts of the structure or, because of the scope of the work, the structural alteration is equivalent to reconstructing the dam; or

(b)  any change in use likely to affect dam safety, in particular a change involving putting the dam back into operation or partially stopping its operation.

An impounded water management plan summary under the second paragraph of section 33 must be appended to the first dam safety review study or to an application for authorization referred to in subparagraph 2 of the first paragraph, as the case may be.

The owner shall also forward the plan summary to the local municipality within whose territory the dam is located as soon as possible after the preparation of the impounded water management plan.

O.C. 300-2002, s. 76; O.C. 17-2005, s. 16.

77. The owner of an existing dam shall, within the earlier of the following time limits, prepare an emergency action plan pursuant to Subdivision 2 of Division III of Chapter III if such a plan is required under that subdivision for the dam in question:

(1)  the time limit applicable to the dam under section 78; and

(2)  prior to authorization for

(a)  a structural alteration to the dam if it affects all the parts of the structure or, because of the scope of the work, the structural alteration is equivalent to reconstructing the dam; or

(b)  any change in use likely to affect dam safety, in particular a change involving putting the dam back into operation or partially stopping its operation.

The owner shall also send a plan summary that complies with the second paragraph of section 39 to the local municipality within whose territory the dam is located as soon as possible after the preparation of the plan. The Minister must be notified that the plan has been sent.

Notwithstanding the foregoing, a preliminary emergency action plan that includes rough inundation maps must be prepared within 12 months following the date of coming into force of the Act for every dam covered by this section. The plan must contain a brief summary of the information referred to in section 35, if it is available at the time. A preliminary plan summary must be sent to the local municipality within whose territory the dam is located and the Minister notified thereof.

O.C. 300-2002, s. 77; O.C. 17-2005, s. 17.

78. Subject to the provisions of sections 79 and 80, the first dam safety review of an existing high-capacity dam must be conducted, and the attendant report sent to the Minister, within the time limit indicated below, computed from the date of coming into force of the Act; the time limit varies according to the dam failure consequence category and the dam condition and discharge facilities reliability ratings under subparagraphs 3 and 4 of the first paragraph of section 14 and section 15.

For a Very High or Severe Consequence dam, the time limit is

(1)  3 years, if the condition of the dam is rated acceptable, poor or undetermined or if the reliability of the discharge facilities is rated unsatisfactory or undetermined; or

(2)  4 years, if the condition of the dam is rated good or very good and the reliability of the discharge facilities is rated satisfactory or acceptable.

For a Moderate or High Consequence dam, the time limit is

(1)  5 years, if the condition of the dam is rated acceptable, poor or undetermined or if the reliability of the discharge facilities is rated unsatisfactory or undetermined; or

(2)  6 years, if the condition of the dam is rated good or very good and the reliability of the discharge facilities is rated satisfactory or acceptable.

For a Low Consequence dam, the time limit is

(1)  14 years, if the condition of the dam is rated acceptable, poor or undetermined or if the reliability of the discharge facilities is rated unsatisfactory or undetermined; or

(2)  15 years, if the condition of the dam is rated good or very good and the reliability of the discharge facilities is rated satisfactory or acceptable.

For a Very Low Consequence dam, the time limit is

(1)  18 years, if the condition of the dam is rated acceptable, poor or undetermined or if the reliability of the discharge facilities is rated unsatisfactory or undetermined; or

(2)  20 years, if the condition of the dam is rated good or very good and the reliability of the discharge facilities is rated satisfactory or acceptable.

O.C. 300-2002, s. 78; O.C. 402-2011, s. 14; O.C. 901-2014, ss. 20 and 22.

79. The first dam safety review of an existing dam for which approval was granted under the Watercourses Act (chapter R-13) less than 5 years before the date of coming into force of the Act may be conducted, and the attendant report sent to the Minister, within

(1)  the time limit determined under section 78; or

(2)  the end of the tenth calendar year after the year in which the approval was granted,

whichever occurs later.

O.C. 300-2002, s. 79.

80. A safety review, the scope of which complies with Division IV of Chapter III, conducted less than 5 years before the coming into force of the Act, may be substituted for the first safety review referred to in section 78 if the attendant report is sent to the Minister within 2 years of the coming into force of the Act and an outline of the remedial measures to be implemented, in addition to the documents listed in section 81, is submitted with the report. The outline must indicate the remedial measures that have been implemented and specify the implementation schedule for the measures to be carried out.

A new safety review as described in the first paragraph must be conducted, and the attendant study updated, 10 years after the coming into force of the Act. Thereafter, a new dam safety review must be conducted and the attendant study updated in accordance with section 51.

O.C. 300-2002, s. 80.

81. The first dam safety review for an existing dam must include the dam failure analysis, rough maps or characterization referred to in section 18, as required by the dam failure consequence category, unless the owner has provided the Minister with the document before the expiry of the time limit determined under section 78, 79 or 80 upon applying for a review of the classification assigned to the structure or for an authorization referred to in section 5 of the Act.

O.C. 300-2002, s. 81; O.C. 901-2014, s. 22.

CHAPTER VI FINAL

82. The owner of an existing dam must, within 3 months of the coming into force of the Act, send to the Minister all information or documents required for the preparation of the register of dams referred to in Chapter II.

Every offence against this section renders the owner liable to a fine of not less than $2,000 and not more than $200,000.

O.C. 300-2002, s. 82.

83. (Omitted).

O.C. 300-2002, s. 83.

SCHEDULE I

(ss. 5, 14 and 29)

SEISMIC ZONES

O.C. 300-2002, Sch. I; O.C. 901-2014, s. 21.

SCHEDULE II

(s. 13)

CONSTANT PHYSICAL PARAMETERS

(Dam vulnerability numerical values)

Dam height
__________________________

Height (m)       Points
__________________________

    ≤5              1   
__________________________

    10              2       
__________________________

    20             3.5       The points for intermediate heights shall be    
__________________________   determined by considering that the points vary      
                             linearly between the various height values, except
    30             4.5       a dam 5 m or lower, which is always assigned 
__________________________   1 point.                                    
                              
    40             5.0       
__________________________
                          
    50             5.8    
__________________________
                            
   100             8.0    
__________________________
                              
160 or more       10.0
__________________________

Dam types		

__________________________________________

Dam Type                         Points
__________________________________________
                        
Concrete arch                       1
__________________________________________

Concrete buttresses                 3
__________________________________________

Concrete gravity                    2
__________________________________________

Concrete gravity embankment         3        For any other type of dam, an       
__________________________________________   equivalence with the dam type in 
                                             the table with the closest
Concrete or steel sheet-pile                 characteristics shall be 
barrier upstream of an                       established.
earthfill dam                       6        
__________________________________________

Earthfill                          10
__________________________________________

Earth-filled timber or 
steel sheet-pile cribs             10
__________________________________________

Free weir - concrete shield         7 
__________________________________________

Rockfill dam with
- concrete facing  
- upstream earthfilled core         3
__________________________________________

Rockfill free weir                  8
__________________________________________

Rockfill weir                       4
__________________________________________

Steel sheet-piling                  7
__________________________________________

Stone-filled timber or   
steel sheet-pile cribs              6
__________________________________________

Timber buttresses (cribs)           8
__________________________________________

Timber buttresses
(dead shores)                       9
__________________________________________

Impounding capacity
____________________________

  Capacity         Points
  (106 m3)                    
____________________________      
                               
     ≤1               1     
____________________________      
                               The points for intermediate capacities shall be  
     50               3        determined by considering that the points vary 
____________________________   linearly between the various values of impounding
                               capacity, except an impounding capacity of     
    1,000             5        1,000,000 m3 or less, which is always assigned
____________________________   1 point.
                               
    2,000            6.5       
____________________________      
                               
    5,000             8        
____________________________
                          
6 000 and over       10   
____________________________
                           
Foundation types
_________________________________    

Type                    Points
_________________________________  
                                    
Treated rock               1        
_________________________________      
                                    
Rock                       2        
_________________________________   The treatment includes all the geotechnical
                                    methods meant to reduce the permeability of 
Treated till               3        the foundation and increase its resistance
_________________________________   to internal erosion or to increase the
                                    bearing capacity of the foundation or the 
Till                       4        stability of the dam.
_________________________________      
                                    
Treated clay               6
_________________________________   Till is a material of glacial origin  
                                    consisting of a mixture of varying particle
Clay                       7        sizes that usually contains a certain      
_________________________________   percentage of fines.                     

Treated alluvial              
deposits                   8
_________________________________

Alluvial or             
unknown deposits          10
_________________________________        

O.C. 300-2002, Sch. II.

SCHEDULE III

(s. 14)

VARIABLE PARAMETERS

(Dam vulnerability numerical values)

Dam age
__________________________

     Concrete Dam     
__________________________

    Age
  (years)        Points                 
__________________________
                             This category includes the following dam types: 
     0              1        concrete gravity, concrete gravity embankment, 
__________________________   concrete arch, stone-filled or earth-filled steel
                             sheet-pile cribs, concrete buttresses, free weir - 
     5             1.5       concrete shield, rockfill dam with concrete facing,
__________________________   steel sheet-piling.
   
    10              2        The points for intermediate dam ages shall be 
__________________________   determined by considering that the points vary 
                             linearly between the various age values.
    20              3    
__________________________
   
    40              7    
__________________________
   
    50              9    
__________________________
   
55 and over        10
__________________________
__________________________
 
     Embankment Dam    
__________________________
 
    Age
  (years)        Points
__________________________
 
     0              8
__________________________
 
     5             7.5       This category includes the following dam types: 
__________________________   concrete barrier or steel sheet-piling upstream of 
                             earthfill dam, rockfill dam with upstream 
    10             6.5       earthfilled core and earthfill.
__________________________
                             The points for intermediate dam ages shall be 
    15              5        determined by considering that the points vary 
__________________________   linearly between the various dam age values.
   
    20              4
__________________________
   
    25              3    
__________________________
   
    30             2.5   
__________________________
   
    40              2
__________________________
 
    50             1.5
__________________________
 
60 and over         1
__________________________
__________________________
 
      Timber Dam       
__________________________
 
    Age
  (years)        Points     
__________________________
                             This category includes the  following dam types: 
     0              1        stone-filled or earth-filled timber cribs and timber 
__________________________   buttresses (cribs or dead shores).
   
     5             1.5       The points for intermediate dam ages shall be 
__________________________   determined by considering that the points vary 
                             linearly between the various dam age values.
    10              2    
__________________________
   
    20              8   
__________________________
   
30 and over        10    
__________________________
__________________________
 
   Rockfill Free Weir  
__________________________
 
    Age
  (years)        Points  
__________________________
                             This category includes the following dam types: 
    ≤5              5        rockfill free weir and rockfill weir.
__________________________
                             The points for intermediate dam ages shall be 
    10              6        determined by considering that the points vary 
__________________________   linearly between the various dam age values, except
                             a dam of 5 years or less, which is always assigned 
    15              7        5 points.
__________________________
   
    20              8    
__________________________
   
    25              9    
__________________________
 
30 and over        10
__________________________

Seismicity
__________________________

Seismic Zone     Points
__________________________

     1              1
__________________________

     2              1
__________________________

     3              2
__________________________

     4              6
__________________________

     5              8
__________________________

Reliability of discharge facilities
__________________________

Reliability      Points
__________________________

Satisfactory        1
__________________________

Acceptable          5
__________________________

Unsatisfactory
or undetermined         10
__________________________

Dam condition
__________________________

Condition       Points
__________________________

Very good           1
__________________________

Good                3
__________________________

Acceptable          5 
__________________________

Poor or undetermined    10
__________________________                

Very good: The dam does not show evidence of any deficiency or has minimal confined deterioration considered normal or of no consequence.

Good: The dam shows evidence of only minor deterioration or deficiencies that do not affect the proper operation of its components.

Acceptable: The dam shows evidence of deterioration requiring repairs without however immediately endangering the structure; a dam in this state requires maintenance and repair work in the immediate or near future without which the dam would become increasingly vulnerable. The dam may also show evidence of deficiencies which do not affect its immediate safety but which require close monitoring.

Poor or undetermined: The dam shows evidence of single or multiple severe deterioration that could affect its stability or make certain parts inoperable, or the dam shows evidence of serious deficiencies likely to endanger its safety or the condition of the dam cannot be ascertained.

O.C. 300-2002, Sch. III; O.C. 17-2005, s. 18; O.C. 402-2011, s. 15.

SCHEDULE IV

(s. 16)

DAM FAILURE CONSEQUENCE NUMERICAL VALUES

___________________________________________________

  Consequence Category                   Points   
___________________________________________________

        Very Low                            1
___________________________________________________

          Low                               2
___________________________________________________

        Moderate                            3
___________________________________________________

          High                              5
___________________________________________________

        Very High                           8
___________________________________________________

         Severe                            10
___________________________________________________    

O.C. 300-2002, Sch. IV.

SCHEDULE V

(ss. 17 and 23)

CHARACTERISTICS OF THE AFFECTED AREA

___________________________________________________________________________________

                Characteristics of the affected area                   Consequence 
           (Population density and extent of destroyed or                Category
            severely damaged infrastructures and services)
___________________________________________________________________________________

Uninhabited area

                                OR                                

Area containing minimal infrastructures or services such as              Very Low  
- a second dam in the Very Low Consequence category 
- a resources access road 
- farmland 
- a commercial facility without accommodations
___________________________________________________________________________________

Occasionally inhabited area containing less than 10
cottages or seasonal residences

                                OR

Area containing a commercial facility that provides 
accommodation for less than 25 persons or that has 
less than 10 accommodation units (i.e., 10 cottages, 
10 campsites, 10 motel rooms)                                               Low    

                                OR

Area containing limited infrastructures or services such as 
- a second dam in the Low Consequence category 
- a local road
___________________________________________________________________________________

Permanently inhabited area containing less than 10 
residences or occasionally inhabited and containing 
10 or more cottages or seasonal residences

                                OR

Area containing a seasonal commercial facility that 
provides accommodation for 25 or more persons or that
contains 10 or more accommodation units or that operates
year-round and provides accommodation for less than 
25 persons or has less than 10 accommodation units                       Moderate  

                                OR

Area containing moderate infrastructures or services such as 
- a second dam in the Moderate Consequence category 
- a feeder road 
- a railway line (local or regional) 
- an enterprise with less than 50 employees 
- a main water intake upstream or downstream of the dam 
  that supplies a municipality
___________________________________________________________________________________

Permanently inhabited area containing 10 or more residences
and less than 1,000 residents

                                OR

Area containing a commercial facility that operates year-round
and provides accommodation for 25 or more persons or has 10
or more accommodation units

                                OR                                         High    

Area containing significant infrastructures or services such as 
- a second dam in the High Consequence category 
- a regional road 
- a railway line (transcontinental or transborder) 
- a school 
- an enterprise that has 50 to 499 employees
___________________________________________________________________________________

Permanently inhabited area with a population of more
than 1,000 and less than 10,000

                                OR

Area containing major infrastructures or services such as                Very High 
- a second dam in the Very High Consequence category 
- an autoroute or national highway 
- an enterprise that has 500 or more employees 
- an industrial park 
- a dangerous substances storage site
___________________________________________________________________________________

Permanently inhabited area with a population of 
10,000 or more

                                OR

Area containing substantial infrastructures or services 
such as                                                                   Severe   
- a second dam in the Severe Consequence category 
- a hospital 
- a major industrial complex 
- a large dangerous substances storage site
___________________________________________________________________________________            

For the purposes of the above table, “commercial facility” means a golf course, bicycle trail, cross-country ski trail, snowmobile trail, campground, outfitting operation, outdoor recreation centre, holiday camp, tourist complex or any other similar sports or recreational facility.

The road or highway nomenclatures in the above table are taken from the functional classification established by the Ministère des Transports.

O.C. 300-2002, Sch. V.

REFERENCES

O.C. 300-2002, 2002 G.O. 2, 1647

O.C. 17-2005, 2005 G.O. 2, 471

O.C. 402-2011, 2011 G.O. 2, 1009

O.C. 901-2014, 2014 G.O. 2, 2445