Q-2 - Environment Quality Act

Section 115.31 Disposition versions

2022-05-12

115.31. Whoever

(1)  contravenes section 22, the first and second paragraphs of section 30, the second paragraph of section 31.0.5, section 31.1, 31.7, 31.10, 31.26, 31.51, 31.51.1, 31.53, 31.54 or 31.57, the second paragraph of section 31.68.1, section 31.75, the first or second paragraph of section 32.7, section 33, 39, 41 or 43, the first paragraph of section 46.6, section 51.1, 66, 70.5.2, 70.8 or 70.9, the first paragraph of section 118.9, or section 154 or 189,

(2)  fails to notify the Minister without delay of any accidental release of a contaminant or a hazardous material into the environment, as required under the first paragraph of section 21,

(3)  fails to comply with a condition, restriction or prohibition determined by the Government, a committee of ministers or the Minister under section 31.0.12, 31.6 or 31.7.1 or the second paragraph of section 31.7.2,

(4)  fails to comply with a measure imposed by the Minister under the first paragraph of section 31.0.5, or section 31.24, 31.83 or 70.18,

(5)  fails to inform the Minister of a permanent cessation of a water withdrawal or to comply with the measures the Minister imposes, as required under section 31.83,

(5.1)  fails to carry out any work determined under the second paragraph of section 46.0.5 to replace the payment of a financial contribution or fails to comply with any condition, restriction or prohibition prescribed under that provision;

(6)  furnishes false or misleading information for the application of this Act and the regulations, or

(7)  carries out a project, carries on an activity or does something without first obtaining any other authorization required under this Act or the regulations, in cases where no other penalty is provided for in this Act or the regulations,

(8)  (subparagraph repealed).

commits an offence and is liable, in the case of a natural person, to a fine of $5,000 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, and, in any other case, to a fine of $15,000 to $3,000,000.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 170; 2017, c. 14, s. 34; 2022, c. 8, s. 123.

2018-03-23

115.31. Whoever

(1)  contravenes section 22, the first paragraph of section 30, section 31.0.5.1, 31.1, 31.7, 31.10, 31.26, 31.51, 31.51.1, 31.53, 31.54 or 31.57, the second paragraph of section 31.68.1, section 31.75, the first or second paragraph of section 32.7, section 33, 39, 41 or 43, the first paragraph of section 46.6, section 55, 66, 70.5.2, 70.8 or 70.9, the first paragraph of section 118.9, or section 154 or 189,

(2)  fails to notify the Minister without delay of any accidental release of a contaminant into the environment, as required under section 21,

(3)  fails to comply with a condition, restriction or prohibition determined by the Government, a committee of ministers or the Minister under section 31.0.12, 31.6 or 31.7.1 or the second paragraph of section 31.7.2,

(4)  fails to comply with a measure imposed by the Minister under section 31.0.5, 31.24, 31.83 or 70.18,

(5)  fails to inform the Minister of a permanent cessation of a water withdrawal or to comply with the measures the Minister imposes, as required under section 31.83,

(5.1)  fails to carry out any work determined under the second paragraph of section 46.0.5 to replace the payment of a financial contribution or fails to comply with any condition, restriction or prohibition prescribed under that provision;

(6)  files or signs an attestation required under this Act or the regulations that is false or misleading,

(7)  carries out a project, carries on an activity or does something without first obtaining any other authorization required under this Act or the regulations, in cases where no other penalty is provided for in this Act or the regulations, or

(8)  makes a declaration or provides information that is false or misleading in order to obtain an approval, authorization, certificate, attestation, accreditation or certification required under this Act or the regulations,

commits an offence and is liable, in the case of a natural person, to a fine of $5,000 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, and, in any other case, to a fine of $15,000 to $3,000,000.

If penal proceedings are brought against a professional within the meaning of the Professional Code (chapter C‑26) for an offence under subparagraph 6 of the first paragraph, the Minister shall inform the syndic of the professional order concerned.

2011, c. 20, s. 26; 2013, c. 16, s. 199; 2017, c. 4, s. 170; 2017, c. 14, s. 34.

2013-06-14

115.31. Whoever

(1)  contravenes section 21, 22 or 31.1, the first paragraph of section 31.16, subparagraph 1 of the first paragraph of section 31.23, section 31.25, the first paragraph of section 31.28, section 31.51 or 31.51.1, the first paragraph of section 31.53, 31.54 or 31.57, the second paragraph of section 31.83, section 32, 32.1, 32.2, 32.7, 32.9, 33, 39, 41 or 43, the first paragraph of section 46.6, section 48 or 55, the first paragraph of section 65, section 66, section 70.9, the second paragraph of section 70.18, or section 95.1, 95.3, 154 or 189,

(2)  files or signs a false declaration of environmental conformity,

(3)  does something without first obtaining any other approval, authorization, permission, attestation, certificate or permit required under this Act or the regulations,

(4)  knowingly makes a false or misleading declaration in order to obtain an approval, authorization, permission, attestation, certificate or permit required under this Act or the regulations,

(5)  makes water withdrawals without the authorization of the Government or the Minister, as applicable, in contravention of Division IV.1 or section 31.75,

commits an offence and is liable, in the case of a natural person, to a fine of $5,000 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, and, in any other case, to a fine of $15,000 to $3,000,000.

2011, c. 20, s. 26; 2013, c. 16, s. 199.

2011-11-04

115.31. Whoever

(1)  contravenes section 21, 22 or 31.1, the first paragraph of section 31.16, subparagraph 1 of the first paragraph of section 31.23, section 31.25, the first paragraph of section 31.28, section 31.51 or 31.51.1, the first paragraph of section 31.53, 31.54 or 31.57, the second paragraph of section 31.83, section 32, 32.1, 32.2, 32.7, 32.9, 33, 39, 41 or 43, the first paragraph of section 46.6, section 48 or 55, the first paragraph of section 65, section 66, section 70.9, the second paragraph of section 70.18, or section 95.1, 95.3, 154 or 189,

(2)  files or signs a false declaration of environmental conformity,

(3)  does something without first obtaining any other approval, authorization, permission, attestation, certificate or permit required under this Act or the regulations,

(4)  knowingly makes a false or misleading declaration in order to obtain an approval, authorization, permission, attestation, certificate or permit required under this Act or the regulations,

(5)  makes water withdrawals without the authorization of the Government or the Minister, as applicable, in contravention of Division IV.1 or section 31.75,

commits an offence and is liable, in the case of a natural person, to a fine of $5,000 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, and, in the case of a legal person, to a fine of $15,000 to $3,000,000.

2011, c. 20, s. 26.