Q-2 - Environment Quality Act

Section 65 Disposition versions

2022-05-12

65. An authorization application made under subparagraph 9 of the first paragraph of section 22 with regard to any construction project on land formerly used in whole or in part as a residual materials elimination site, or with regard to any work to change the use of such land, must be accompanied by a study conducted by a professional or any other person qualified in the field concerned, for the purpose of

(1)  assessing whether residual materials are present in the land;

(2)  determining the nature of such residual materials and the sites where they have been deposited or buried;

(3)  determining whether gas is present in the soil and, if applicable, assessing the risk of it migrating outside the land.

If the study confirms the presence of residual materials in the land, the person that had the study conducted must, on being informed of the presence of such materials, apply for a notice to be registered in the land register. In addition to a description of the land, the notice must contain

(1)  the name and address of the person applying for registration of the notice, and of the owner of the land;

(2)  the name of the municipality in which the land is situated and the land use authorized by the zoning by-laws; and

(3)  a summary of the study, certified by the qualified person referred to in the first paragraph, stating among other things the nature of the residual materials present in the land.

In addition, the person must send the Minister and the owner of the land a duplicate of the notice bearing a registration certificate, or a copy of the notice certified by the Land Registrar. On receiving the document, the Minister shall send a copy to the municipality in which the land is situated; if the land is situated in a territory referred to in section 133 or 168 that is not constituted as a municipality, the document must be sent to the body designated by the Minister.

1972, c. 49, s. 65; 1979, c. 49, s. 33; 1985, c. 30, s. 76; 1988, c. 49, s. 38; 1991, c. 30, s. 23; 1991, c. 80, s. 3; 1999, c. 75, s. 25; 2017, c. 4, s. 111; 2022, c. 8, s. 137.

2018-03-23

65. An authorization application made under subparagraph 9 of the first paragraph of section 22 with regard to any construction project on land formerly used in whole or in part as a residual materials elimination site, or with regard to any work to change the use of such land, must be accompanied by a study conducted by a professional or any other person qualified in the field concerned, for the purpose of

(1)  assessing whether residual materials are present in the land;

(2)  determining the nature of such residual materials and the sites where they have been deposited or buried;

(3)  determining whether gas is present in the soil and, if applicable, assessing the risk of it migrating outside the land.

If the study confirms the presence of residual materials in the land, the person or municipality that had the study conducted must, on being informed of the presence of such materials, apply for a notice to be registered in the land register. In addition to a description of the land, the notice must contain

(1)  the name and address of the person or municipality applying for registration of the notice, and of the owner of the land;

(2)  the name of the municipality in which the land is situated and the land use authorized by the zoning by-laws; and

(3)  a summary of the study, certified by the qualified person referred to in the first paragraph, stating among other things the nature of the residual materials present in the land.

In addition, the person or municipality must send the Minister and the owner of the land a duplicate of the notice bearing a registration certificate, or a copy of the notice certified by the Land Registrar. On receiving the document, the Minister shall send a copy to the municipality in which the land is situated; if the land is situated in a territory referred to in section 133 or 168 that is not constituted as a municipality, the document must be sent to the body designated by the Minister.

1972, c. 49, s. 65; 1979, c. 49, s. 33; 1985, c. 30, s. 76; 1988, c. 49, s. 38; 1991, c. 30, s. 23; 1991, c. 80, s. 3; 1999, c. 75, s. 25; 2017, c. 4, s. 111.

2000-05-01

65. No land formerly used as a site for elimination of residual materials may be used for construction purposes without the written permission of the Minister.

The Minister may impose conditions, in particular, the deposit of a guarantee, when giving his permission pursuant to this section.

1972, c. 49, s. 65; 1979, c. 49, s. 33; 1985, c. 30, s. 76; 1988, c. 49, s. 38; 1991, c. 30, s. 23; 1991, c. 80, s. 3; 1999, c. 75, s. 25.

1997-12-01

65. No land formerly used as a site for elimination of waste or hazardous materials may be used for construction purposes without the written permission of the Minister.

The Minister may impose conditions, in particular, the deposit of a guarantee, when giving his permission pursuant to this section.

1972, c. 49, s. 65; 1979, c. 49, s. 33; 1985, c. 30, s. 76; 1988, c. 49, s. 38; 1991, c. 30, s. 23; 1991, c. 80, s. 3.

1991-06-20

65. No land used as a site for elimination of waste which is no longer in use may be used for construction purposes without the written permission of the Minister.

The Minister may impose conditions, in particular, the deposit of a guarantee, when giving his permission pursuant to this section.

1972, c. 49, s. 65; 1979, c. 49, s. 33; 1985, c. 30, s. 76; 1988, c. 49, s. 38; 1991, c. 30, s. 23.

1989-02-22

65. No land used as a site for elimination of waste which is no longer in use may be used for construction purposes for a period of 25 years without the written permission of the Minister.

The Minister may impose conditions, in particular, the deposit of a guarantee, when giving his permission pursuant to this section.

1972, c. 49, s. 65; 1979, c. 49, s. 33; 1985, c. 30, s. 76; 1988, c. 49, s. 38.

1985-06-20

65. No land used as a site for elimination of waste which is no longer in use may be used for construction purposes for a period of 25 years without the written permission of the Deputy Minister.

The Deputy Minister may impose conditions, in particular, the deposit of a guarantee, when giving his permission pursuant to this section.

1972, c. 49, s. 65; 1979, c. 49, s. 33; 1985, c. 30, s. 76.

1980-04-01

65. No land used as a site for elimination of waste which is no longer in use may be used for construction purposes for a period of 25 years without the written permission of the Deputy Minister.

1972, c. 49, s. 65; 1979, c. 49, s. 33.

1977-12-31

65. No land used as a site for elimination of waste which is no longer in use may be used for construction purposes for a period of 25 years without the written permission of the Director.

1972, c. 49, s. 65.