Q-2, r. 5.1 - Regulation respecting the framework for authorization of certain projects to transfer water out of the St. Lawrence River Basin

Updated to 12 December 2023

This document has official status.

chapter Q-2, r. 5.1

Regulation respecting the framework for authorization of certain projects to transfer water out of the St. Lawrence River Basin

Environment Quality Act

(chapter Q-2, ss. 45.5.1, 46, and 124.1).

O.C. 686-2011; I.N. 2019-12-01.

DIVISION I INTERPRETATION AND SCOPE

1. For the purposes of this Regulation,

“existing withdrawal” means a withdrawal that was authorized on or before 1 September 2011 or, if not authorized, was lawfully commenced on or before that date; (prélèvement existant)

“Minister” means the Minister of Sustainable Development, Environment and Parks; (ministre)

“new withdrawal” means a withdrawal that was authorized after 1 September 2011; (nouveau prélèvement)

“professional” means a professional within the meaning of section 1 of the Professional Code (chapter C-26), whose order governs the practice of a professional activity referred to in this Regulation. This definition includes any person legally authorized to practise that activity in Québec; (professionnel)

“St. Lawrence River Basin” means the drainage basin whose territory is described in section 31.89 of the Environment Quality Act (chapter Q-2); (bassin du fleuve Saint-Laurent)

“transfer” means the transporting of bulk water from the St. Lawrence River Basin to another basin using any means, including a waterworks system, a pipeline, a conduit or any other main and any type of tank truck. Diverting the direction of a watercourse flow is deemed to be a transfer. Packaging water for commercial purposes in containers having a capacity exceeding 20 litres is also deemed to be a transfer; (transfert)

“water withdrawal” or “withdrawal” means any water withdrawal within the meaning of section 31.74 of the Environment Quality Act; (prélèvement d’eau) (prélèvement)

“waterworks system” or “distribution system” means mains, a system of mains or a facility or equipment used to collect, store or supply water intended for human consumption; (système d’aqueduc)

“withdrawer” means a person or municipality, within the meaning of section 1 of the Environment Quality Act, that operates a withdrawal site. (préleveur)

The territorial boundaries of regional county municipalities as they existed on 13 December 2005 are used to determine whether the territory of a municipality is, for the purposes of subparagraph b of subparagraph 1 of the first paragraph section 31.91 of the Environment Quality Act, both wholly outside the St. Lawrence River Basin and wholly within a regional county municipality whose territory is partly within the Basin and partly outside the Basin. The territorial boundaries of local municipalities used for the purposes of subparagraph a of subparagraph 1 of that section are those existing on 1 September 2011.

O.C. 686-2011, s. 1.

2. This Regulation applies to withdrawers that, for the purpose of supplying a waterworks system serving all or part of the population of a municipality referred to in subparagraph 1 of the first paragraph of section 31.91 of the Environment Quality Act (chapter Q-2), plan to withdraw water in the St. Lawrence River Basin to transfer it out of the Basin or plan to increase the volumes of water they withdraw from the Basin to be transferred out of the Basin.

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

O.C. 686-2011, s. 2.

DIVISION II

(Revoked)

O.C. 686-2011, Div. II; O.C. 871-2020, s. 1.

3. (Revoked).

O.C. 686-2011, s. 3; I.N. 2019-12-01; O.C. 871-2020, s. 1.

4. (Revoked).

O.C. 686-2011, s. 4; O.C. 871-2020, s. 1.

5. (Revoked).

O.C. 686-2011, s. 5; O.C. 871-2020, s. 1.

6. (Revoked).

O.C. 686-2011, s. 6; O.C. 871-2020, s. 1.

DIVISION III DETERMINATION OF QUANTITIES OF WATER TRANSFERRED OR CONSUMED FOR THE PURPOSES OF SECTION 31.92 OF THE ENVIRONMENT QUALITY ACT

7. For the purposes of the first paragraph of section 31.92 of the Environment Quality Act (chapter Q-2), the daily average quantity of water transferred out of the basin is calculated on the basis of a period of 90 consecutive days corresponding to the period during which the volume of water transferred is at its peak.

For the purposes of the second paragraph of that section, the average daily quantity of water that is consumed is calculated on the basis of a period of 90 consecutive days corresponding to the period during which consumptive use is at its peak.

Those calculations must be made by a professional and be attached to the application for authorization.

O.C. 686-2011, s. 7.

8. To determine whether an application for authorization to make a new withdrawal or to increase an existing withdrawal in the St. Lawrence River Basin to have water transferred out of that Basin is subject to the conditions for authorization prescribed by section 31.92 of the Environment Quality Act (chapter Q-2), taking into account the quantity of withdrawn water involved, the application must also indicate, in addition to the quantities of water referred to in section 31.96 of the Act, the sum of the volumes of water withdrawn to supply a single waterworks system.

O.C. 686-2011, s. 8.

DIVISION IV MISCELLANEOUS AND TRANSITIONAL

9. Until the coming into force of the first paragraph of section 31.75 of the Environment Quality Act (chapter Q-2), introduced by section 19 of chapter 21 of the Statutes of 2009, any application for authorization to transfer out of the St. Lawrence River Basin water from a new withdrawal in that Basin, or to increase the quantity of water transferred out of the Basin from such a withdrawal or an existing withdrawal, must, despite section 4 of the Regulation respecting the application of the Environment Quality Act (chapter Q-2, r. 3), be addressed to the Minister under section 22 or 32, as the case may be, of the Environment Quality Act or, in the case of groundwater, under Chapter IV of the Groundwater Catchment Regulation (chapter Q-2, r. 6), or, as the case may be, to the Government under section 31.5 of the Act.

In addition to considering any relevant element under section 22, 31.5 or 32 of the Environment Quality Act or, as the case may be, under Chapter IV of the Groundwater Catchment Regulation, the Minister or, as the case may be, the Government must, before issuing a certificate of authorization or an authorization under one of those provisions for one of the activities involving the transfer of water out of the St. Lawrence River Basin referred to in the first paragraph, ensure that they comply with the provisions of subdivision 2 of Division V of the Environment Quality Act.

For that purpose, an application for authorization must be accompanied by the information and documents provided for in sections 3, 4 and 5 of this Regulation, in addition to those required under the above-mentioned statutory or regulatory provisions or under the regulation thereunder.

Certificates of authorization or, as the case may be, authorizations issued under the provisions referred to in the first paragraph are deemed to have been issued under section 31.75 of the Environment Quality Act.

O.C. 686-2011, s. 9.

10. Applications for authorization filed before 1 September 2011 and in the process of being evaluated on that date are governed by the provisions of this Regulation.

O.C. 686-2011, s. 10.

11. Until 1 September 2021, for the purposes of subparagraph 7 of the first paragraph of section 3 of this Regulation, an application for authorization must indicate, in addition to the quantity of water covered by the application, any quantity of water withdrawn or consumed on the basis of an authorization granted for the same withdrawal after 1 September 2011.

O.C. 686-2011, s. 11.

12. (Omitted).

O.C. 686-2011, s. 12.

REFERENCES

O.C. 686-2011, 2011 G.O. 2, 1595

O.C. 871-2020, 2020 G.O. 2, 2343A