Q-2, r. 1 - Regulation respecting wood-burning appliances

Updated to 12 December 2023

This document has official status.

chapter Q-2, r. 1

Regulation respecting wood-burning appliances

Environment Quality Act

(chapter Q-2, ss. 95.1, 124.0.1 and 124.1).

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

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

O.C. 508-2009; I.N. 2019-12-01; S.Q. 2022, c. 8, s. 1.

CHAPTER I SCOPE

0.1. The standards of the United States Environmental Protection Agency and of the Canadian Standards Association, to which this Regulation refers, include subsequent amendments and later editions of the standards published by those organizations.

O.C. 794-2019, s. 1.

1. This Regulation applies to any stove, furnace, boiler, fireplace insert and factory-built fireplace designed to burn wood in any of its forms and be free of any foreign material or substance other than soil or sand.

It does not apply to

(1)  the following types of fireplaces:

(a)  a fireplace intended for outdoor use only,

(b)  a fireplace, within the meaning of 40 CFR 60, subpart AAA, Standards of Performance for New Residential Wood Heaters, published by the United States Environmental Protection Agency,

(c)  a residential masonry heater, within the meaning of 40 CFR 60, subpart AAA, Standards of Performance for New Residential Wood Heaters, published by the United States Environmental Protection Agency;

(2)  a boiler or furnace with a nominal heat output of 150 kW or more;

(3)  (paragraph revoked);

(4)  a wood-burning appliance intended exclusively for export from Québec.

O.C. 508-2009, s. 1; O.C. 250-2011, s. 1; O.C. 794-2019, s. 2.

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

O.C. 508-2009, s. 2.

CHAPTER II CONFORMITY OF WOOD-BURNING APPLIANCES

3. (Revoked).

O.C. 508-2009, s. 3; O.C. 794-2019, s. 3.

3.1. It is prohibited to burn, in a wood-burning appliance, any material that is not permitted by the warranty and manufacturers manual or that is not permitted by one of the standards referred to in the first paragraph of section 4.

O.C. 794-2019, s. 4.

4. Every wood-burning appliance manufactured, sold, offered for sale or distributed in Québec must comply with at least one of the following standards as regards particles emitted into the atmosphere:

(1)  CAN/CSA Standard CAN/CSA-B415.1, Performance Testing of Solid-Fuel-Burning Heating Appliances, published by the Canadian Standards Association;

(2)  as the case may be,

(a)  40 CFR 60, subpart AAA, Standards of Performance for New Residential Wood Heaters, publi- shed by the United States Environmental Protection Agency;

(b)  40 CFR 60, subpart QQQQ, Standards of Performance for New Residential Hydronic Heaters and Forced Air Furnaces, published by the United States Environmental Protection Agency;

Cook stoves and camp stoves must however comply with the standard referred to in subparagraph a of subparagraph 2 of the first paragraph.

For the purposes of this Regulation, “cook stove” and “camp stove” have the meaning assigned to them by 40 CFR 60, subpart AAA, Standards of Performance for New Residential Wood Heaters, published by the United States Environmental Protection Agency.

O.C. 508-2009, s. 4; O.C. 794-2019, s. 5.

5. A wood-burning appliance is deemed to comply with a standard referred to in the first paragraph of section 4 if

(1)  the manufacturer or importer of the appliance has been issued for that model a certificate of compliance or approval by the United States Environmental Protection Agency or by an organization, enterprise or laboratory accredited by the United States Environmental Protection Agency or the Standards Council of Canada to verify compliance with the standard; and

(2)  the appliance bears the mark of conformity with a standard referred to in the first paragraph of section 4.

Despite the foregoing, cook stoves and camp stoves are deemed to comply with the standard referred to in subparagraph a of subparagraph 2 of the first paragraph of section 4 if they bear a mark mentioning that the appliance is not a certified wood-burning appliance.

O.C. 508-2009, s. 5; O.C. 794-2019, s. 6.

6. (Revoked).

O.C. 508-2009, s. 6; O.C. 794-2019, s. 7.

7. Every manufacturer or importer of wood-burning appliances must, for each model of wood-burning appliance marketed in Québec, keep for at least 5 years the reports on the certification or approval tests performed on the appliances by an accredited organization, enterprise or laboratory referred to in the first paragraph of section 5 and, where applicable, the certificate of compliance issued by the organization, enterprise or laboratory.

O.C. 508-2009, s. 7; O.C. 794-2019, s. 8.

CHAPTER II.1 MONETARY ADMINISTRATIVE PENALTIES

O.C. 655-2013, s. 1.

7.1. A monetary administrative penalty of $350 in the case of a natural person or $1,500 in other cases may be imposed on any person who fails to keep the documents referred to in section 7 for the period and according to the conditions provided for therein.

O.C. 655-2013, s. 1.

7.2. A monetary administrative penalty of $1,500 in the case of a natural person or $7,500 in other cases may be imposed on every person who

(1)  fails to comply with the prohibition provided for in section 3.1;

(2)  manufactures, sells, offers for sale or distributes in Québec a wood-burning appliance that does not comply with section 4.

O.C. 655-2013, s. 1; O.C. 794-2019, s. 9.

CHAPTER III PENAL SANCTIONS

O.C. 508-2009, c. III; O.C. 655-2013, s. 2.

8. Every person who contravenes section 7 commits an offence and is liable, in the case of a natural person, to a fine of $2,000 to $100,000 or, in other cases, to a fine of $6,000 to $600,000.

O.C. 508-2009, s. 8; O.C. 655-2013, s. 3.

9. Every person who contravenes section 3.1 or 4 commits an offence and is liable, in the case of a natural person, to a fine of $8,000 to $500,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of 18 months, or to both the fine and imprisonment, or, in other cases, to a fine of $24,000 to $3,000,000.

O.C. 508-2009, s. 9; O.C. 655-2013, s. 3; O.C. 794-2019, s. 10.

CHAPTER IV TRANSITIONAL AND FINAL

O.C. 794-2019, s. 11.

9.1. Chapter II applies to every wood-burning appliance manufactured, sold, offered for sale or distributed in Québec as of 1 September 2009.

Despite the first paragraph, sections 4 and 5 of this Regulation apply to every cook stove manufactured, sold, offered for sale or distributed in Québec as of 8 August 2019.

O.C. 794-2019, s. 11.

10. (Omitted).

O.C. 508-2009, s. 10; O.C. 245-2010; O.C. 746-2014, s. 1; O.C. 794-2019, s. 12.

REFERENCES

O.C. 508-2009, 2009 G.O. 2, 1657

O.C. 707-2009, 2009 G.O. 2, 1881

O.C. 245-2010, 2010 G.O. 2, 765A

O.C. 250-2011, 2011 G.O. 2, 815

O.C. 655-2013, 2013 G.O. 2, 1735

O.C. 746-2014, 2014 G.O. 2, 1743

O.C. 794-2019, 2019 G.O. 2, 1723