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

Section 9 Disposition versions

2024-01-01

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regardless of the volume, an annual declaration describing the withdrawal activities by specifying the volumes of water withdrawn, including withdrawals less than 50,000 litres per day.

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

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

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

The declaration must contain

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

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

(3)  for each of the withdrawal sites,

(a)  the name the lake or watercourse from which water is withdrawn;

(b)  the number of days on which water was withdrawn;

(c)  the origin of the water withdrawn, either surface water or groundwater;

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

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

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

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

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

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

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

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

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

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

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

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

2013-07-18

9. Every withdrawer whose water withdrawals total an average daily volume of 75,000 litres or more per day, calculated on the basis of the monthly quantity of water withdrawn, divided by the number of withdrawal days in the month concerned, is required to send to the Minister of Sustainable Development, Environment and Parks an annual declaration describing the withdrawal activities by specifying the monthly volumes of water withdrawn.

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

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

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

The declaration must contain

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

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

(3)  for each of the withdrawal sites,

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

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

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

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

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

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

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

(h)  the class of industrial or commercial activities for which the withdrawals are made, established by the North American Industry Classification System (NAICS); and

(i)  where the withdrawals are for multiple classes of industrial or commercial activities, the volumes of water, in percentage or litres, broken down per class.

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

Documents in support of the declaration, including the estimates provided for in section 7 and the verification reports on reading accuracy provided for in section 12 must be kept at the operation site and made available to the Minister for 5 years.

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

2012-09-01

9. Every withdrawer whose water withdrawals total an average daily volume of 75,000 litres or more per day, calculated on the basis of the monthly quantity of water withdrawn, divided by the number of withdrawal days in the month concerned, is required to send to the Minister of Sustainable Development, Environment and Parks an annual declaration describing the withdrawal activities by specifying the monthly volumes of water withdrawn.

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

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

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

The declaration must contain

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

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

(3)  for each of the withdrawal sites,

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

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

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

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

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

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

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

(h)  the class of industrial or commercial activities for which the withdrawals are made, established by the North American Industry Classification System (NAICS); and

(i)  where the withdrawals are for multiple classes of industrial or commercial activities, the volumes of water, in percentage or litres, broken down per class.

The declaration must be dated and signed by the person making it and attest to the accuracy of the information it contains.

Documents in support of the declaration, including the estimates provided for in section 7 and the verification reports on reading accuracy provided for in section 12 must be kept at the operation site and made available to the Minister for 5 years.

O.C. 875-2009, s. 9; O.C. 685-2011, s. 9.