S-3.1.01, r. 1 - Dam Safety Regulation

Updated to 6 July 2023

This document has official status.

chapter S-3.1.01, r. 1

Dam Safety Regulation

Dam Safety Act

(chapter S-3.1.01, ss. 6, 14, 15, 16, 17, 19, 20, 21, 24, 29, 31, 36 and 37).

The fees prescribed in the Regulation have been indexed pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 28 January 2023, page 56. (ss. 64, 65, 66, 67, 68, 69) (Effect from 1 January 2023)

CHAPTER I GENERAL

1. This Regulation applies to all dams governed by the Dam Safety Act (chapter S-3.1.01).

O.C. 300-2002, s. 1.

2. The height of a dam is the vertical distance between the lowest point of the natural surface of the ground at the downstream toe of the dam and the uppermost point of the top of the dam.

O.C. 300-2002, s. 2.

3. The impounding capacity of a dam is the total volume of water stored in the reservoir measured at the full supply level. Where bathymetric surveys or other site surveys to measure the impounding capacity with greater precision are unavailable,

(1)  the impounding capacity of a dam built across a watercourse is equal to the product of the backflow length multiplied by one-half the reservoir depth and by the average width of the body of water formed by the dam; and

(2)  the impounding capacity of other dams is equal to the product of the surface area of the reservoir multiplied by the reservoir depth.

The reservoir depth is the vertical distance between the lowest point of the natural surface of the ground at the downstream toe of the dam and the full supply level.

O.C. 300-2002, s. 3.

4. For the purposes of this Regulation, unless the context requires otherwise,

“associated dam” means a high-capacity dam whose failure consequence category is “very low” or “low” and is located on the rim of the same reservoir as a high-capacity dam whose failure consequence category is equal to or greater than “moderate”; (barrage associé)

“crest” means the upper part of the dam that impounds water or protects the supports adjacent to the dam; (crête)

“dam newly classified as a high-capacity dam” means a dam classified as a high-capacity dam following a review of its classification conducted by the Minister pursuant to section 2.3 of the Act and Chapter II.1 of this Regulation; (barrage nouvellement catégorisé à forte contenance)

“full supply level” means the maximum normal operating water surface level of a reservoir; (niveau maximal d’exploitation)

“newly listed dam” means a dam previously unknown to the Minister that is newly listed in the register of dams referred to in Chapter II; (barrage nouvellement répertorié)

“project” means the complex of dams impounding the water of a single reservoir that are owned by the same person; (aménagement)

O.C. 300-2002, s. 4; O.C. 989-2023, s. 1.

4.1. The owner of a dam must, within 30 days of receiving a request from the Minister, send the Minister the owner’s complete contact information, including a telephone number and email address.

O.C. 989-2023, s. 2.

4.2. Realistic and prudent assumptions and methods based on good practice must be used to perform the estimates and calculations required pursuant to this Regulation.

O.C. 989-2023, s. 2.

CHAPTER II REGISTER OF DAMS

5. The register of dams established under section 31 of the Act must contain the following information and documents:

(1)  the official name of the dam as established by the Commission de toponymie, the particulars of its location and, if applicable, the name of the project of which the dam is part;

(2)  the name and address of the dam owner;

(3)  the year the dam was constructed and, where applicable, the year any structural alterations were made to the dam;

(4)  the dam uses;

(5)  a description of the dam that includes the dam type, foundation type, dam height, impounding capacity and reservoir depth;

(6)  the hydrologic and hydraulic data in respect of the dam, including reservoir surface area and backflow length;

(7)  the seismic zone in which the dam is located with reference to the seismic zone map in Schedule I;

(8)  1 or more photographs of the dam; and

(9)  the classification of the dam.

In respect of high-capacity dams within the meaning of section 2.2 of the Act, the following information must also be entered in the register of dams:

(1)  the dam classification under Division I of Chapter III;

(2)  the dam failure consequence category;

(3)  where applicable, the year of a planned safety review and the year it was effectively carried out; and

(4)  the year in which there was any change in the use of the dam likely to affect its safety and, where applicable, the year of a permanent or temporary stopping of its operation.

O.C. 300-2002, s. 5; O.C. 17-2005, s. 1; O.C. 901-2014, s. 22; O.C. 989-2023, s. 3.

6. The dam owner shall, within 3 months of the dam commissioning date, send the information or documents required for the preparation of the register of dams to the Minister, unless an application for authorization or a declaration has been filed under the Act with respect to the construction of the dam.

O.C. 300-2002, s. 6; O.C. 989-2023, s. 4.

7. The dam owner shall notify the Minister as soon as possible of any change affecting the accuracy of the information recorded in the register of dams. The owner shall also, within 3 months of receiving a request to that effect, send to the Minister any information or document required to update the register of dams.

O.C. 300-2002, s. 7; O.C. 989-2023, s. 5.

8. The information in the register, except the name and address of the dam owner if the owner is a natural person, shall be accessible on the website of the Ministère du Développement durable, de l’Environnement et des Parcs.

O.C. 300-2002, s. 8; O.C. 989-2023, s. 6.

CHAPTER II.1 DAM CLASSIFICATION

O.C. 989-2023, s. 7.

8.1. Dams must be classified by the Minister according to the classes listed in section 2.2 of the Act.

The Minister classifies or, as the case may be, reviews the classification of a dam in the following circumstances:

(1)  when a dam is newly listed;

(2)  when the Minister issues an authorization under section 5 of the Act;

(3)  after receiving a declaration under section 29 of the Act;

(4)  following a site visit by an inspector or investigator;

(5)  when information brought to the Minister’s attention by a third party justifies a review;

(6)  at any time following a request by the dam owner, supported by a report or study made under the responsibility of an engineer or another justifying document.

O.C. 989-2023, s. 7.

CHAPTER III HIGH-CAPACITY DAMS

DIVISION I DAM CLASSIFICATION

9. For the purposes of section 14 of the Act, every dam must be classified on the basis of the degree of risk it poses to persons and property, measured by multiplying the numerical value of its vulnerability (V) calculated under section 12 by the numerical value of the potential consequences of a dam failure (C) determined under section 16, to which “P” is the assigned value in the formula “P = V × C”.

O.C. 300-2002, s. 9; O.C. 989-2023, s. 8.

10. Following are the classes of dams based on the values determined under section 9, in addition to the class referred to in the second paragraph:

“P” Value	Dam Class
P ≥ 120	A
70 ≤ P < 120	B
25 ≤ P < 70	C
P < 25	D

A dam may only be classified as a Class E dam if all the following conditions are met:

(1)  the dam failure consequence category is “very low”;

(2)  the “P” value determined under section 9 is less than 70;

(3)  the owner requests such a classification and files, in support, a report or a study prepared under the responsibility of an engineer.

If a dam consists of more than 1 section, each section must be assessed individually and the dam class shall be that of the section with the highest “P” value.

O.C. 300-2002, s. 10; O.C. 901-2014, s. 22; O.C. 989-2023, s. 9.

11. Subject to section 74, the classification and classification parameters for a dam are determined or reviewed by the Minister, in the following circumstances:

(1)  when a dam is newly listed;

(2)  when the Minister issues an authorization under section 5 of the Act;

(3)  when the Minister issues an approval under section 17 of the Act;

(4)  following a dam failure analysis or dam safety review;

(5)  following a site visit by an inspector or investigator;

(6)  when information brought to the Minister’s attention by a third person justifies a review;

(7)  when the correction of an error in writing or calculation or any other clerical error affecting the classification or classification parameters justifies a review;

(8)  annually when updating the dam age;

(9)  at any time following a request by the dam owner, supported by a report or study made under the responsibility of an engineer or another justifying document.

O.C. 300-2002, s. 11; O.C. 989-2023, s. 10.

Dam vulnerability (V)

12. The vulnerability (V) of a dam is measured by multiplying the arithmetic mean value of the constant physical parameters by the arithmetic mean value of the variable parameters referred to in section 13 or section 14, as the case may be.

O.C. 300-2002, s. 12; O.C. 989-2023, s. 11.

13. The constant physical parameters to be considered are the dam height, dam type, impounding capacity and dam foundation type. The points to be assigned to each parameter based on the characteristics of the dam are set out in Schedule II.

If there is more than 1 foundation type in a section of a dam, the points to be assigned to the foundation type parameter for that section of the dam must be the highest of the points assigned to the different foundation types in that section.

O.C. 300-2002, s. 13; O.C. 17-2005, s. 2.

14. The variable parameters to be considered are

(1)  the dam age, which is the number of years since its construction or, as the case may be, as determined by the engineer in charge of the safety review on the basis of the useful life of the dam;

(2)  the seismic zone in which the dam is located according to the seismic zone map in Schedule I;

(3)  the dam condition, which is assessed by considering the physical state and structural condition of the dam, the quality and effectiveness of maintenance, aging, possible effects of external factors such as frost or earthquakes and any dam design or structural defects. At the completion of the assessment, the dam condition is rated “very good”, “good”, “acceptable”, “poor” or “undetermined”; and

(4)  the reliability of the discharge facilities of the dam, which must be capable of passing the inflow design flood. The reliability is assessed on the basis of the design of the discharge facilities and the procedures established by the owner to ensure that they operate effectively during floods. At the completion of the assessment, the reliability of the discharge facilities is rated “satisfactory”, “acceptable”, “unsatisfactory” or “undetermined”.

The points to be assigned to each variable parameter based on the characteristics of the dam are set out in Schedule III.

O.C. 300-2002, s. 14; O.C. 402-2011, s. 1.

15. For the purposes of the assessment of the reliability of discharge facilities, the sections of a dam that do not contain such facilities are given the same rating as the section that does. If there are discharge facilities in more than 1 section of the dam, the lowest reliability rating given to any discharge facility also applies to every other section of the dam. The same rule applies if there are discharge facilities in every section of a dam.

If there is more than 1 dam on the rim of a single reservoir, the dams that are not equipped with discharge facilities are given the same rating as the dam that is so equipped. If more than 1 dam is equipped with discharge facilities, the lowest reliability rating given to all the discharge facilities for the various dams also applies to every other dam on the rim. The same rule applies if there are discharge facilities in every section of each dam.

O.C. 300-2002, s. 15; O.C. 989-2023, s. 12.

Dam failure consequences (C)

16. For the purposes of section 9, the numerical value of the consequences of a dam failure (C) is based on the failure consequence category of the dam. The points assigned to each category are set out in Schedule IV.

O.C. 300-2002, s. 16; O.C. 901-2014, s. 22.

17. The dam failure consequence category is determined on the basis of the characteristics of the downstream area, barring exceptions, that would be affected by the dam failure and takes into account, from among a number of dam failure scenarios, the one that would result in the highest consequence category. Those characteristics are assessed in terms of population density and the extent of downstream infrastructure and services that would be destroyed or severely damaged in the event of a dam failure. The consequence categories and a description of the characteristics used to determine each category appear in Schedule V.

O.C. 300-2002, s. 17.

18. The delineation of the area that would be affected by a dam failure and identification of the characteristics of the area are based on a dam failure analysis that includes inundation maps. That analysis, using recognized methods, consists of a detailed evaluation of the consequences of a dam failure by means of an accurate delineation of the affected area and identification of the characteristics of the area. The analysis involves an examination of various dam failure scenarios under normal conditions and in flood conditions. It includes a description of the assumptions and procedures that were used to select the scenarios examined and to determine the dam break flood wave, flood wave arrival times and the extent of the affected area. For scenarios in which the dam fails during a flood, the affected area would be the area that would be inundated due entirely to the dam failure.

If, in the opinion of the engineer in charge, the dam failure consequence category is “moderate”, only rough inundation maps showing the area that would be affected by a dam failure are required. This mapping consists of a rough assessment of the consequences of a dam failure by means of a delineation of the affected area on topographical maps and identification of the characteristics of the area. The mapping is established on basic hydrologic and hydraulic calculations, such as flood flows and breach flows, as well as on a rough analysis of the downstream watercourse profile and cross-sections. For the purposes of the mapping, the extent of the affected area is determined by adding the breach flow to the 1000-year flood flow to a point of attenuation or restriction, such as confluence with a large lake or river or another dam.

If, in the opinion of the engineer in charge, the dam failure consequence category is “very low” or “low”, only a characterization of the area that would be affected by the dam failure is required. That characterization consists of a conservative estimate of the consequences of a dam failure by means of a rough delineation of the affected area and a general description of the characteristics of the area. For the purposes of the characterization, the extent of the affected area is established by adding the reservoir depth to the 100-year flood level to a point of attenuation or restriction, such as confluence with a large lake or river or another dam.

The dam failure analysis, rough mapping and characterization referred to in this section must be carried out under the responsibility of an engineer.

O.C. 300-2002, s. 18.

19. (Revoked).

O.C. 300-2002, s. 19; O.C. 17-2005, s. 3; O.C. 989-2023, s. 13.

DIVISION II MINIMUM SAFETY STANDARDS

§ 1 . — Flood resistance

20. For the purposes of this subdivision, unless the context requires otherwise,

“erodible dam” means a dam one of the components of which, including the supports of the dam, is not designed for overflow and the erosion of which would cause a dam failure in a flood; (barrage susceptible d’érosion)

“safety check flood” is the flood that a dam must be capable of withstanding under extreme conditions while continuing to operate safely, accepting some damage and a reduction in safety factors but without causing dam failure. (crue de sécurité)

O.C. 300-2002, s. 20; O.C. 989-2023, s. 14.

21. Subject to sections 21.1, 22 and 24, every dam must be able to withstand any of the following safety check floods, taking into account the highest dam failure consequence category in flood conditions:

___________________________________________________________________________________

Highest dam failure consequence category                      Safety Check Flood           
       in flood conditions            
___________________________________________________________________________________

  Very low or low                                                 Centennial*      
                                                                (1: 100 years)
___________________________________________________________________________________

  Moderate or high                                                Millennial*      
                                                               (1: 1,000 years)     
___________________________________________________________________________________

  Very high                                                    Decamillennial*     
                                                              (1: 10,000 years)
___________________________________________________________________________________

  Severe                                                     Probable maximum flood
___________________________________________________________________________________       
* Safety check floods expressed according to their recurrence interval.

O.C. 300-2002, s. 21; O.C. 901-2014, s. 2.

21.1. Subject to sections 22 and 24, a dam’s safety check flood may be less than that established under section 21, without being less than the centennial flood, if an engineer demonstrates that a dam failure during such a flood would cause a consequence category lower than that determined pursuant to sections 16 to 18.

The demonstration by the engineer must be sent to the Minister, together with the dam failure analysis or the rough inundation maps referred to in section 18.

O.C. 901-2014, s. 2; O.C. 989-2023, s. 16.

22. For a dam of which at least half the inflow during floods is controlled by another dam operated upstream, the safety check flood is, subject to section 24, the greater of

(1)  the safety check flood determined under section 21 or 21.1; and

(2)  the lesser of the 10,000-year flood and the inflow equivalent to the total available discharge capacity of the upstream dam together with the local inflows.

If more than 1 dam is located on the same watercourse upstream of the dam in question, the flow to be considered is the flow equivalent to the discharge capacity of the upstream dam with the greatest discharge capacity, taking the local inflows and the flood routing by the other dams into account. This rule also applies if the upstream dams are located on different watercourses; however, in that event, the flow that must be considered is the total flow obtained by adding, for each watercourse, the flow equivalent to the discharge capacity of the upstream dam with the greatest discharge capacity, taking the local inflows and flood routing into account.

This section does not apply to a dam whose failure consequence category is “very low” or “low”.

O.C. 300-2002, s. 22; O.C. 402-2011, s. 2; O.C. 901-2014, s. 3; O.C. 989-2023, s. 17.

23. (Revoked).

O.C. 300-2002, s. 23; O.C. 17-2005, s. 4; O.C. 402-2011, s. 3; O.C. 901-2014, s. 4.

24. Only 1 safety check flood shall apply to all the dams located on the rim of a single reservoir and it shall be that of the dam with the highest safety check flood determined under section 21, 21.1 or 22.

O.C. 300-2002, s. 24; O.C. 901-2014, s. 5.

25. The crest of one or more sections of an erodible dam at its lowest point must not be less than 1 m above the safety check flood level, unless the owner demonstrates that hydrologic and hydraulic uncertainties and flood management uncertainties have been taken into account in the determination of the safety check flood.

The factors considered include the extent of sampling periods and the reliability of the source data, the methods and models used, the accuracy of the calculations, the catchment basin lag time and the routing of the safety check flood as well as the dam’s capacity to manage it, in particular with respect to response and operating time, the reliability of discharge facilities and the impounded water management plan.

This section does not apply to dams designed to withstand a “probable maximum flood”.

O.C. 300-2002, s. 25; O.C. 402-2011, s. 4; O.C. 989-2023, s. 18.

26. Any impervious component of an erodible dam must be at least as high as the safety check flood level.

The first paragraph applies only to new construction or reconstruction projects.

O.C. 300-2002, s. 26; O.C. 989-2023, s. 19.

27. Every dam must be designed to remain stable when a safety check flood occurs and manage that flood safely.

O.C. 300-2002, s. 27; O.C. 989-2023, s. 20.

§ 2 . — Earthquake resistance

28. Every dam must be designed to remain stable during the earthquake loading to which it may be subjected in the zone in which it is located.

This section does not apply to a dam whose failure consequence category is “very low” or “low”.

O.C. 300-2002, s. 28; O.C. 901-2014, s. 6.

29. Calculations regarding the structural and foundation seismic stability of a dam must be done on the basis of a return period of 2,500 years and by using either of the following peak ground acceleration values:

(1)  the value which, under Schedule I, corresponds to the seismic zone in which the dam is located;

(2)  the value which, with regard to the location of the dam, may be determined from the seismic data established by the Geological Survey of Canada.

O.C. 300-2002, s. 29; O.C. 402-2011, s. 5; O.C. 901-2014, s. 7.

DIVISION III OPERATION

§ 1 . — Impounded water management plan

30. Subject to section 76, an impounded water management plan must be drawn up for every dam or project, before its commissioning, by its owner, taking into account the dams located on the rim of the same reservoir and belonging to another person, except

(1)  dams whose failure consequence category is “very low” or “low” and which are not associated dams;

(2)  dams on which the only discharge facility is a free weir; and

(3)  dams for which an engineer demonstrates that it is not necessary to manoeuvre the dam discharge facilities during floods.

The plan must describe all the measures that will be taken by the owner to manage the impounded water safely, in particular during situations likely to imperil the safety of persons or property located upstream or downstream of the dam, except those covered by the emergency action plan.

The plan must, in particular, include the following information:

(1)  a description of the hydrographical network upstream and downstream of the dam, including flood estimates and the catchment basin lag time as well as, where applicable, reference to other structures in the network that may affect the operation of the dam or whose operation the dam may affect and a quantification of any such impact;

(2)  the operational constraints relating to the safety of persons or property located upstream or downstream of the dam during normal operation and during floods;

(3)  the full supply level;

(4)  the flow and level of the safety check flood;

(5)  the level or depth at which the reservoir overflows at its lowest point;

(6)  the reservoir storage curve, if available;

(7)  the discharge curve, depending on the water level;

(8)  if there are any inhabited areas near the dam, the upstream and downstream flood limits;

(9)  a description of the measures that will be taken by the owner to manage the impounded water, in particular when the flow reaches the lower flood level, that is, the flow at which property may be affected by the discharged water;

(10)  where applicable, a description of the communications strategy for providing information on hazards to the civil protection authorities, other dam owners in the hydrographic system, enterprises, and inhabitants who will ultimately be affected by the implementation of the impounded water management plan.

O.C. 300-2002, s. 30; O.C. 989-2023, s. 21.

31. The owner is required, at all times, to make all necessary amendments to the impounded water management plan in the event of any change affecting the procedures set out in the plan or the information contained therein.

O.C. 300-2002, s. 31.

32. The impounded water management plan must be updated and reviewed

(1)  when a dam safety review is conducted;

(2)  (paragraph revoked);

(3)  prior to authorization for the structural alteration of the dam or for a change in use likely to affect its safety, including changes involving putting a dam back into operation or partially stopping its operation, if carrying out the project for which the authorization is sought would modify the impounding capacity, the full supply level or the discharge capacity of the dam. This rule also applies if the structural alteration would require modifying the safety check flood.

O.C. 300-2002, s. 32; O.C. 17-2005, s. 5.

33. As soon as possible after the preparation or amendment of an impounded water management plan, the dam owner shall send the plan as drawn up or amended or a summary of the plan to the local municipality within whose territory the dam is located. If the dam is located in unorganized territory, the plan or summary shall be sent to the competent regional authority or to the Minister of Public Security, as provided in section 8 of the Civil Protection Act (chapter S-2.3).

The management plan summary must include the particulars listed in subparagraphs 2 to 5 and 8 of the third paragraph of section 30 and a summary of the descriptions referred to in subparagraphs 9 and 10 of the same paragraph.

O.C. 300-2002, s. 33; O.C. 989-2023, s. 22.

34. (Revoked).

O.C. 300-2002, s. 34; O.C. 901-2014, s. 8; O.C. 989-2023, s. 23.

§ 2 . — Emergency action plan

35. Subject to section 77, an emergency action plan must be drawn up before the commissioning of any dam whose failure consequence category is equal to or greater than “moderate”. The plan shall set out the procedures to be followed for the protection of persons and property upstream or downstream of the dam in the event of an actual or imminent dam failure or to mitigate the effects of the disaster.

The plan must include

(1)  the name of the local municipality, regional county municipality or any other regional body whose territory would be affected by a dam failure;

(2)  a list of the conditions that could lead to a dam failure;

(3)  a general description of the area that would be affected by a dam failure, including the principal characteristics of the area;

(4)  a description of the internal and external human, material and organizational resources that would be available in the event of a disaster; and

(5)  a description of the safety devices with which the dam is equipped and of the monitoring and warning procedures in the event of an actual or imminent dam failure that have been established by the owner, including

(a)  a description of the emergency systems, emergency detector systems and back-up systems;

(b)  a description of the prevention, potential dam failure detection and mitigation measures established by the owner;

(c)  warning and dam personnel mobilization procedures for the various conditions that may lead to a dam failure;

(d)  the procedure for warning civil protection authorities and, where applicable, residents; and

(e)  the operation and decision centre.

The inundation maps referred to in the first paragraph of section 18 must be appended to the emergency action plan. The maps must indicate the dam break flood wave travel time in the event of a dam failure in normal conditions and during floods and take into account, for the latter eventuality, the water elevation equal to the safety check flood for the dam. Only rough maps that comply with the second paragraph of section 18 are required for dams in the Moderate Consequence category.

O.C. 300-2002, s. 35; O.C. 901-2014, s. 22; O.C. 989-2023, s. 24.

36. The owner must provide for the training of all dam personnel involved in the emergency action plan and, in particular, of the person in charge of implementing the plan. The owner must also make sure that drills to test the implementation of the plan are held periodically and when specifically requested by the civil protection authorities.

O.C. 300-2002, s. 36.

37. The owner is required, at all times, to make all necessary amendments to the emergency action plan in the event of any change affecting the procedures set out in the plan or the information contained therein, in particular with respect to the resources available in the event of a disaster.

O.C. 300-2002, s. 37.

38. The emergency action plan must be reviewed

(1)  when a dam safety review is conducted;

(2)  prior to authorization for the permanent or temporary stopping of the operation of the dam; and

(3)  prior to authorization for the structural alteration of the dam or for a change in use likely to affect its safety, if carrying out the project for which authorization is sought would enlarge the area that would be affected by a dam failure.

O.C. 300-2002, s. 38.

39. As soon as possible after the preparation or amendment of an emergency action plan, the dam owner shall send the plan as drawn up or amended or a summary of the plan to the local municipality within whose territory the dam is located. If the dam is located in unorganized territory, the plan or summary shall be sent to the competent regional authority or to the Minister of Public Security, as provided in section 8 of the Civil Protection Act (chapter S-2.3).

The emergency action plan summary must include the particulars listed in subparagraph 1 and subparagraphs d and e of subparagraph 5 of the second paragraph of section 35. It must also include a summary of the particulars referred to in subparagraph 3 and subparagraphs b and c of subparagraph 5 of that paragraph. As the case may be, the inundation maps or the rough maps referred to in the third paragraph of section 35 must be appended to the summary.

O.C. 300-2002, s. 39; O.C. 989-2023, s. 25.

40. (Revoked).

O.C. 300-2002, s. 40; O.C. 901-2014, s. 22; O.C. 989-2023, s. 26.

§ 3 . — Monitoring

41. Subject to section 79, every dam must, according to its class, be the subject of the minimum number of inspections indicated in the table below in accordance with the frequency mentioned therein:

Type of inspection	Number and frequency of inspections according to the dam’s class
	A	B	C	D	E
Site inspection	12/year	6/year	2/year	2/year	1/year
Inspection	1/year	1/2 years	1/5 years	1/8 years	1/10 years

Site inspections whose frequency is higher than 1 per year must be spread as evenly as possible over the year.

An inspection carried out during a year reduces the number of site inspections required for that year by 1.

For the purposes of this section, the word “year” refers to a calendar year.

O.C. 300-2002, s. 41; O.C. 901-2014, s. 9; O.C. 989-2023, s. 27.

42. A site inspection is intended to make a summary description of the dam’s condition and, if a minor deficiency was discovered during a prior inspection, to monitor the evolution of the deficiency.

An inspection is intended to check a dam’s condition in all aspects and to monitor its behavior. It may include the taking of measurements and the analysis thereof.

O.C. 300-2002, s. 42; O.C. 17-2005, s. 6; O.C. 901-2014, s. 9.

42.1. Not later than 31 March in the calendar year following the year during which a site inspection or inspection is carried out, the person responsible for the inspection activity must file a detailed written report containing, in particular,

(1)  the name and contact information of the person responsible for the inspection activity;

(2)  the date of the inspection activity;

(3)  a description of the observations made during the inspection activity concerning, in particular, the water level, the temperature, the condition of the dam and its discharge facilities, and the presence of deficiencies or other particularities;

(4)  the photographs taken during the inspection activity; and

(5)  a checklist of the elements of the dam that must be monitored.

In addition to the information listed in the first paragraph, an inspection report must mention all checks, monitoring and analysis conducted pursuant to the second paragraph of section 42.

O.C. 989-2023, s. 28.

43. Where the frequency established pursuant to section 41 requires site visits to be conducted during the months of December to April inclusively, the visits may be moved to another date in the same calendar year for a dam in the Very Low, Low or Moderate Consequence category unless the dam has deficiencies that require that the inspections be maintained.

O.C. 300-2002, s. 43; O.C. 17-2005, s. 7; O.C. 901-2014, ss. 10 and 22; O.C. 989-2023, s. 29.

44. For the purposes of section 41, an inspection referred to in subparagraph a of subparagraph 1 of the third paragraph of section 48 and subparagraph 1 of the first paragraph of section 49.1 reduces by one the number of site inspections required for the year in which the inspection is made.

In addition, if such inspection is made during a year for which an inspection referred to in section 41 had to be made, it counts as the latter.

O.C. 300-2002, s. 44; O.C. 901-2014, s. 11; O.C. 989-2023, s. 30.

45. The site inspections of a Class A or Class B dam, and of a Class C dam whose failure consequence category is equal to or greater than “High” dam must be carried out by one of the following persons:

(a)  an engineer;

(b)  a person who holds a diploma at the college level awarded upon completion of a program referred to in paragraph 4 of section 2.09 of the Regulation respecting the diplomas issued by designated educational institutions which give access to permits or specialist’s certificates of professional orders (chapter C-26, r. 2);

(c)  a person with technical experience in the field of dams.

O.C. 300-2002, s. 45; O.C. 17-2005, s. 8; O.C. 402-2011, s. 6; O.C. 901-2014, s. 12; O.C. 989-2023, s. 31.

45.1. Dam inspections, regardless of the class to which the dam belongs, must be carried out by an engineer.

O.C. 901-2014, s. 12.

§ 4 . — Logbook

46. Subject to section 80, every dam owner must, from the dam commissioning date, establish and maintain a logbook in which activities and important events relating to the safety of the dam are recorded in chronological order.

In addition to the information required under section 21 of the Act, the logbook must contain the following documents and information:

(1)  the reports resulting from monitoring activities;

(2)  a brief description or a copy of every safety review conducted; and

(3)  a description of any maintenance, repair or structural alteration work to the dam.

The logbook must also contain the following information, if available:

(1)  a description of unusual natural events, such as earthquakes, a flood with a 20-year or more recurrence interval, rainstorms or windstorms, landslides, floating islands, and ice conditions;

(2)  a description of events caused by human activity, such as vandalism or sabotage or work carried out near the dam, that could affect its stability;

(3)  any deviation from operational constraints relating to dam safety established at the time of dam design or in a safety review, in particular with respect to the full supply level and to filling and drawdown speeds;

(4)  a description of special activities, such as behaviour tests or investigations; and

(5)  a description of operations that have been carried out, excluding regular flow controls.

O.C. 300-2002, s. 46; O.C. 989-2023, s. 32.

47. The project owner may elect to establish and maintain more than 1 logbook. Where a logbook pertains to more than 1 dam, each entry in the logbook must identify the dam to which it refers.

O.C. 300-2002, s. 47.

DIVISION IV DAM SAFETY REVIEW

47.1. A dam safety review must be carried out for every dam whose failure consequence category is equal to or greater than “moderate” and every associated dam.

O.C. 989-2023, s. 33.

48. Whatever the failure consequence category entered in the register of dams, an engineer who carries out a dam safety review pursuant to section 47.1 must begin by carrying out an assessment of the dam’s failure consequence category pursuant to section 18.

If the assessment of the dam’s failure consequence category pursuant to section 18 demonstrates that the failure consequence category is “very low” or “low” and if the dam is not an associated dam, the dam owner must send the dam failure analysis to the Minister, together with a request for a review of classification in accordance with section 11.

If the assessment of the dam’s failure consequence category pursuant to section 18 confirms that the failure consequence category is equal to or greater than “moderate” or if the dam is an associated dam, the dam safety review must include

(1)  checking the condition and behaviour of the dam by means of

(a)  an inspection of every structural component;

(b)  an analysis of the compiled results of every inspection activity carried out since the last safety review or, in the absence of such a review, during the period considered appropriate by the engineer in charge of the review;

(c)  where applicable, a check of the instrumentation and an analysis of the readings since the last safety review or, in the absence of such a review, during the period considered appropriate by the engineer in charge of the review; and

(d)  a check of the functionality and reliability of the discharge facilities;

(2)  verifying the dam design by means of

(a)  a reappraisal of the design criteria, namely the data, assumptions and analysis methods considered at the time of dam design, in particular with reference to hydrology, hydraulics, structure, discharge capacity and flood routing; and

(b)  a validation of the stability of the dam and foundation, including the data and assumptions used to rule on the stability of the dam structure and foundation based on the design criteria current at the time of the dam safety review for the types of failure likely to occur;

(3)  analyzing the topography of the reservoir rim;

(4)  reviewing the dam’s classification;

(5)  drawing up or reviewing the impounded water management plan, if such a plan must be drawn up for the dam concerned in accordance with Subdivision 1 of Division III; and

(6)  drawing up or reviewing the emergency action plan, if such a plan must be drawn up for the dam concerned in accordance with Subdivision 2 of Division III.

O.C. 300-2002, s. 48; O.C. 901-2014, s. 13; O.C. 989-2023, s. 34.

49. The report documenting the dam safety review referred to in section 48 must set out the procedure followed by the engineer in charge of the review and include, depending on the component in question, the engineer’s comments, opinions and recommendations. The report must also contain the data, methods and design assumptions on which the analyses and checks were based. The report must include

(1)  a brief description of the instrumentation if the dam is so equipped, an assessment of their condition and their effectiveness and the opinion of the engineer in charge on the readings;

(2)  a description of the maintenance and repair work carried out since the last safety review or, in the absence of such a review, for the period considered appropriate by the engineer in charge;

(3)  the opinion of the engineer in charge on the functionality and reliability of the discharge facilities;

(4)  a description of the compiled observations and deficiencies discovered, including comments on them, as well as the opinion of the engineer in charge on the condition of the dam and on the impact of the work that was carried out on the safety of the dam;

(5)  the opinion of the engineer in charge on the adequacy of the dam design in relation to good practice and to the minimum safety standards applicable;

(5.1)  the opinion of the engineer in charge on the liquefaction potential of the dam and its foundation and the data on which that opinion is based, unless the dam failure consequence category is “very low” or “low”;

(6)  the stability calculations and geotechnical data required to support the opinions referred to in subparagraphs 5 and 5.1, taking into account the validation referred to in subparagraph b of subparagraph 2 of the third paragraph of section 48, unless the dam failure consequence category is “very low” or “low”;

(6.1)  the results of the analysis of the topography of the reservoir rim;

(7)  if applicable, the recommendations of the engineer in charge as to the need for an intervention at the locations, on the reservoir rim, through which overflow could occur during a flood equal to the dam’s safety check flood;

(8)  the opinion of the engineer in charge concerning the need for remedial work to ensure the dam’s safety and, if applicable, the engineer’s recommendations in respect of the remedial work that, considering in particular the elements listed in section 48, must be carried out and the engineer’s opinion on the time required to carry out the work;

(9)  if remedial work is required to ensure the dam’s safety, the opinion of the engineer in charge on the temporary measures and work required to ensure the dam’s safety until the remedial work is carried out; and

(10)  the recommendations of the engineer in charge in respect of the class and dam failure consequence category that should apply to the dam, together with, as the case may be, the dam failure analysis, rough inundation maps or characterization of the area referred to in section 18.

The report must also include

(1)  the official name of the dam and the particulars of its location;

(2)  the name and address of the dam owner;

(3)  the name and position of the owner’s representative responsible for dam safety;

(4)  a brief description of the dam and its geometric size;

(5)  a description of available data pertinent to the dam safety review, such as the catchment hydrologic and hydraulic characteristics at the time of dam design, the geology, geotechnics and seismicity of the zone in which the dam is located and the characteristics of the foundation and the materials used to build the dam;

(6)  the name and address of the engineer in charge of the dam safety review;

(7)  where applicable, the date on which the last dam safety review was carried out; and

(8)  a list of the reference documents used in the dam safety review.

Where an impounded water management plan or emergency action plan must be drawn up for the dam in accordance with Division III, the dam’s owner must also append to the report a notice stating that the plans have been drawn up or reviewed and indicating the authority to which the plans or a summary of the plans have been sent in accordance with section 33 or 39.

O.C. 300-2002, s. 49; O.C. 901-2014, s. 14; O.C. 989-2023, s. 35.

49.0.1. (Revoked).

O.C. 901-2014, s. 15; O.C. 989-2023, s. 36.

49.0.2. (Revoked).

O.C. 901-2014, s. 15; O.C. 989-2023, s. 36.

49.1. Where the owner of a dam intends, within 5 years, to remove it, reconstruct it or make a structural alteration to it that affects all parts of the dam or that, because of the scope of the work, is equivalent to reconstructing the dam, the dam safety review may be limited to the following:

(1)  a check of the condition and behaviour of the dam by means of an inspection of every structural component; and

(2)  a check of the functionality and reliability of the discharge facilities.

The report documenting the dam safety review must include

(1)  the report of the most recent inspection carried out pursuant to section 41; and

(2)  the opinion of the engineer in charge on the structural and functional safety of the dam and, where applicable, on the measures proposed to prevent the risks of dam failure until the planned work is carried out.

The report must also contain the information referred to in subparagraphs 1 to 4 and 6 of the second paragraph of section 49.

Paragraph 1 of sections 32 and 38 and subparagraph 1 of the first paragraph of sections 76 and 77 do not apply to a dam whose safety review is conducted under this section.

O.C. 402-2011, s. 7; O.C. 901-2014, s. 16.

50. A dam safety review must be conducted, and the attendant report sent to the Minister, not later than 31 December of the tenth calendar year following the year in which the last review was carried out. That interval is increased to the twentieth and fifteenth calendar year following the year in which the last review was carried out for associated dams in the Very Low and Low Consequence category, respectively.

Where a dam undergoes a structural alteration that affects all parts of the dam or that, because of the scope of the work, is equivalent to reconstructing the dam, the schedule of reviews and reports is moved forward, the period for the next review and report being computed from the year of completion of the work.

O.C. 300-2002, s. 50; O.C. 17-2005, s. 9; O.C. 989-2023, s. 37.

51. Subject to section 78, the first dam safety review must be conducted, and the resulting report sent to the Minister, not later than the following date:

(1)  for a dam whose failure consequence category becomes equal to or greater than “moderate” following a review of the classification parameters pursuant to section 11, 31 December of the fifth calendar year following the year in which the owner is informed of a change in either its failure consequence category or its classification;

(2)  for a dam whose failure consequence category is “very low” or “low” and which becomes an associated dam, 31 December of the fifth calendar year following the year in which the owner is informed that the dam has become an associated dam;

(3)  for any other dam, 31 December of the tenth calendar year following the year of completion of construction work on the dam. However, the interval is increased, respectively, to the twentieth and fifteenth calendar year following the year of completion of construction work on the dam for associated dams whose failure consequence category is “very low” or “low”.

For the purposes of section 50 and this section, the year of completion of the work is the year during which the Minister must be advised of the completion of the work as provided in section 10 of the Act.

O.C. 300-2002, s. 51; O.C. 17-2005, s. 9; O.C. 989-2023, s. 38.

52. The description of the remedial work that the dam owner intends to carry out to make the dam safe in accordance with good practice and the minimum safety standards, together with the implementation schedule forwarded by the owner pursuant to section 17 of the Act, must be sent to the Minister for approval at the same time as the report on the dam safety review.

The Minister’s decision under section 17 concerning the remedial work that the owner intends to carry out and of the implementation schedule must be rendered within 6 months from the date on which the file on the safety review and the application for approval of the description of remedial work and the implementation schedule is complete.

O.C. 300-2002, s. 52; O.C. 901-2014, s. 17; O.C. 989-2023, s. 39.

DIVISION V SAFETY PROGRAMS

53. The Minister may approve a safety program on the condition that the program has been in effect, under the responsibility of qualified persons, for at least 5 years and covers all the dams belonging to the owner of at least 10 high-capacity dams.

In addition, a safety program shall not be approved unless the application for approval of the program complies with section 55.

O.C. 300-2002, s. 53.

54. A safety program must, for every dam or structure covered by the program, provide for

(1)  management of the impounded water, in particular the content of a management plan and plan updating procedures;

(2)  emergency preparedness in respect of any dams covered by the program that are subject to the requirement of an emergency action plan under Subdivision 2 of Division III, in particular the content of an emergency action plan and plan updating procedures;

(3)  the frequency, nature and content of monitoring activities and the qualification requirements for carrying them out;

(4)  a dam safety review, in particular the content and frequency of the review;

(5)  the content of the logbook referred to in section 21 of the Act; and

(6)  dam maintenance.

The program must also provide for the administration of the safety program, in particular with respect to the persons in charge of its implementation, their training and their respective responsibilities.

O.C. 300-2002, s. 54.

55. An application for the approval of a safety program must contain

(1)  the name and address of the dam owner;

(2)  the name and position of the owner’s representative in charge of administering the safety program;

(3)  the names of the dams concerned and the particulars of their location;

(4)  a summary of the content of the program under section 54; and

(5)  a demonstration that the program’s resulting level of safety is at least equal to the level that would be obtained with the implementation of the prescribed standards for which alternatives are proposed, with a reference to those regulatory provisions.

O.C. 300-2002, s. 55.

56. The Minister’s decision under section 23 of the Act in respect of a safety program must be rendered not later than 4 months after the date on which the file on the application is complete.

O.C. 300-2002, s. 56; O.C. 989-2023, s. 40.

DIVISION VI APPLICATION FOR AUTHORIZATION

57. In addition to the plans and specifications and the certificate required under section 6 of the Act, the following information and documents must be submitted with an application for authorization for the construction of a dam or for a structural alteration that affects all parts of the dam or that, because of the scope of the work, is equivalent to reconstructing the dam:

(1)  the appropriate hydrological and hydraulic studies;

(2)  a recommendation from the engineer responsible for the dam project plans and specifications in respect of the failure consequence category for the dam, to which is appended the dam failure analysis, rough mapping or characterization required under section 18 for the consequence category the engineer considers appropriate for the dam to be constructed;

(3)  confirmation that emergency preparedness procedures are provided for in the event of the failure of the dam or of other temporary structures during the construction work referred to in the application, if an emergency action plan is required under Subdivision 2 of Division III for the dam to be constructed;

(4)  the structural and foundation stability studies for the dam to be constructed, including the calculations on which they are based, carried out in accordance with good practice and the minimum safety standards applicable, and assessing possible failure modes;

(5)  the opinion of the engineer in charge concerning the liquefaction potential of the dam and its foundation and the data on which that opinion is based, unless the dam failure consequence category is “very low” or “low”;

(6)  the geotechnical studies required to support the studies and opinion referred to in subparagraphs 4 and 5 of this paragraph, unless the dam failure consequence category is “very low” or “low”;

(7)  the results of a topographic analysis of the reservoir rim;

(8)  if applicable, the recommendations of the engineer in charge as to the need for an intervention at the locations, on the reservoir rim, through which overflow could occur during a flood equal to the dam’s safety check flood;

(9)  detailed cost estimates for the planned work;

(10)  a recommendation from the engineer in charge concerning the classification of the dam following the work;

(11)  a notice stating that an impounded water management plan has been drawn up or reviewed and indicating the authority to which the plan or a summary of the plan has been sent in accordance with section 33 if, pursuant to Subdivision 1 of Division III, such a plan must be drawn up for the dam;

(12)  a notice stating that the emergency action plan has been drawn up or reviewed and indicating the authority to which the plan or a summary of the plan has been sent in accordance with section 39 if, pursuant to Subdivision 2 of Division III, such a plan must be drawn up for the dam.

O.C. 300-2002, s. 57; O.C. 17-2005, s. 10; O.C. 402-2011, s. 8; O.C. 901-2014, ss. 18 and 22; O.C. 989-2023, s. 41.

58. In addition to the plans and specifications and the certificate required under section 6 of the Act, the following information and documents adapted and prepared specifically in relation to the proposed alteration must be submitted with an application for authorization for a structural alteration to a dam whose failure consequence category is equal to or greater than “moderate” or of an associated dam, other than one referred to in section 57:

(1)  the structural and foundation stability studies for the dam, including the calculations on which they are based, carried out in accordance with good practice and the minimum safety standards applicable, and assessing possible failure modes;

(2)  the opinion of the engineer in charge concerning the liquefaction potential of the dam and its foundation and the data on which that opinion is based, unless the dam failure consequence category is “very low” or “low”;

(3)  the geotechnical studies required to support the studies and opinion referred to in subparagraphs 1 and 2 of this paragraph, unless the dam failure consequence category is “very low” or “low”;

(4)  confirmation that emergency preparedness procedures are provided for in the event of the failure of the dam or of other temporary structures during the construction work referred to in the application, if an emergency action plan is required under Subdivision 2 of Division III for the dam;

(5)  if the proposed structural alteration would enlarge the area affected by a dam failure, the recommendation of the engineer responsible for drawing up the plans and specifications for the proposed alteration in respect of the dam failure consequence category, to which is appended the dam failure analysis, rough mapping or characterization required under section 18 for the consequence category the engineer considers appropriate for the dam;

(6)  detailed cost estimates for the planned work;

(7)  a recommendation from the engineer in charge concerning the classification of the dam following the work;

(8)  a notice stating that the emergency action plan has been reviewed and indicating the authority to which the plan or a summary of the plan has been sent in accordance with section 39, if such a plan must be drawn up for the dam and if the completion of the project covered by the application for authorization will enlarge the area affected by a dam failure.

In addition to the information and documents referred to in the first paragraph, if the structural alteration would change the safety check flood, the impounding capacity, the full supply level or the discharge capacity of the dam, the following documents must also be appended to the application for authorization:

(1)  the appropriate hydrologic and hydraulic studies;

(2)  the results of a topographic analysis of the reservoir rim;

(3)  if applicable, the recommendations of the engineer in charge as to the need for an intervention at the locations, on the reservoir rim, through which overflow could occur during a flood equal to the dam’s safety check flood;

(4)  a notice from the owner or the engineer in charge stating that an impounded water management plan has been drawn up or reviewed and indicating the authority to which the plan or a summary of the plan has been sent in accordance with section 33 if, pursuant to Subdivision 1 of Division III, such a plan must be drawn up for the dam.

O.C. 300-2002, s. 58; O.C. 17-2005, s. 11; O.C. 402-2011, s. 9; O.C. 901-2014, ss. 19 and 22; O.C. 989-2023, s. 42.

58.1. In addition to the plans and specifications and the certificate required under section 6 of the Act, the following information and documents adapted and prepared specifically in relation to the proposed alteration must be submitted with an application for authorization for the structural alteration of a dam whose failure consequence category is “very low” or “low”, as indicated in the register, and that is not an associated dam, that is not an alteration under section 57:

(1)  a recommendation from the engineer in charge concerning the classification of the dam following the work;

(2)  the opinion of the engineer in charge concerning the stability of the dam and its foundation taking the nature of the proposed work into account;

(3)  detailed cost estimates of the proposed work.

In addition to the information and documents referred to in the first paragraph, if the structural alteration would change the safety check flood, the impounding capacity, the full supply level or the discharge capacity of the dam, the following documents must also be appended to the application for authorization:

(1)  the appropriate hydrologic and hydraulic studies;

(2)  the results of a topographic analysis of the reservoir rim;

(3)  if applicable, the recommendations of the engineer in charge as to the need for an intervention at the locations, on the reservoir rim, through which overflow could occur during a flood equal to the dam’s safety check flood.

O.C. 989-2023, s. 43.

59. An application for authorization for the complete removal of a dam, or its partial removal if as a result the dam is no longer a high-capacity dam, must include

(1)  the geographic coordinates and geometric size of the dam;

(2)  a description of the planned work; and

(3)  (subparagraph revoked).

An application for authorization for partial removal must also include

(1)  the name and address of the dam owner;

(2)  the plans and specifications of the altered dam, drawn up by an engineer, and the hydrologic and hydraulic data and assumptions considered; and

(3)  the new impounding capacity of the dam.

O.C. 300-2002, s. 59; O.C. 402-2011, s. 10; O.C. 989-2023, s. 44.

60. The following information and documents must be submitted with an application for authorization for a change in use likely to affect the safety of the dam, including changes involving putting a dam back into operation or partially stopping its operation,

(1)  an assessment of the effects of the proposed change on dam safety;

(2)  the project engineer’s certification respecting the structural and foundation stability of the dam and the functionality and reliability of the discharge facilities;

(3)  if carrying out the project referred to in the application for authorization would enlarge the area that would be affected by a dam failure, the recommendation of the project engineer in respect of the dam failure consequence category, to which is appended the dam failure analysis, rough maps or characterization required under section 18 for the consequence category the engineer considers appropriate for the dam; and

(4)  a notice stating that an impounded water management plan has been drawn up or reviewed and indicating the authority to which the plan or a summary of the plan has been sent in accordance with section 33 if, pursuant to Subdivision 1 of Division III, such a plan must be drawn up for the dam.

O.C. 300-2002, s. 60; O.C. 17-2005, s. 12; O.C. 901-2014, s. 22; O.C. 989-2023, s. 45.

61. The following information and documents must be submitted with an application for authorization for the permanent or temporary stopping of the operation of a dam:

(1)  if the application is for a permanent stopping:

(a)  a description of the measures that will be taken to terminate the operation of the dam;

(b)  the project engineer’s recommendation respecting the dam failure consequence category, to which is appended the dam failure analysis, rough maps or characterization required under section 18 for the consequence category the engineer considers to be appropriate for the dam once the operation has stopped; and

(c)  if the dam condition is “poor” or “undetermined” or if the dam failure consequence category reviewed under section 19 is “Moderate”, “High”, “Very High” or “Severe”, the project engineer’s certification respecting the structural and foundation stability of the dam; and

(2)  if the application is for a temporary stopping, such as results on full seasonal opening of the dam’s discharge facilities,

(a)  the year or, where the stopping of the dam’s operation is recurrent, the years for which the authorization is applied for and details on the time and duration of each anticipated period of temporary stopping; and

(b)  a description of the measures that will be taken to temporarily stop the operation of the dam.

O.C. 300-2002, s. 61; O.C. 17-2005, s. 13; O.C. 402-2011, s. 11; O.C. 901-2014, s. 22.

62. The Minister’s decision under section 5 of the Act in respect of the construction or structural alteration of a dam must be rendered within 6 months after receipt of the application for authorization.

The Minister’s decision under section 5 of the Act in respect of the complete or partial removal, a change in use or the permanent or temporary stopping of the operation of a dam must be rendered within 2 months after receipt of the application for authorization.

The Minister’s decision under section 7 of the Act in respect of a modification to the plans and specifications must be rendered within 10 days after receipt of the application.

O.C. 300-2002, s. 62; O.C. 402-2011, s. 12; O.C. 989-2023, s. 46.

63. The time limits referred to in section 62 run from the date on which the file on the application is complete.

O.C. 300-2002, s. 63.

DIVISION VII FEES

64. The application processing fee for authorization for the construction or structural alteration of a dam is based on the following table, taking into account the cost estimated by the project engineer to perform the work requiring the authorization:

Cost of Work	Fee
Less than $25,000	$1,278
$25,001 to $100,000	$1,278 for the first $25,000, plus $40
	for each additional $1,000 or part thereof
$100,001 to $500,000	$4,278 for the first $100,000, plus $10
	for each additional $1,000 or part thereof
$500,001 to $1,000,000	$8,278 for the first $500,000, plus $4
	for each additional $1,000 or part thereof
$1,000,001 to $10,000,000	$10,278 for the first $1,000,000, plus $2
	for each additional $1,000 or part thereof
$10,000,001 to $40,000,000	$28,278 for the first $10,000,000, plus $1
	for each additional $1,000 or part thereof
$40,000,001 and up	$58,278 for the first $40,000,000, plus
	$0.10 for each additional $1,000 or part thereof

The cost of the work includes the engineering fees and costs relating to the plan design and specifications, work supervision, quality control and materials, machinery and labour costs to carry out the dam construction or structural alteration work.

O.C. 300-2002, s. 64.

65. The application processing fee for authorization for a change in use likely to affect the safety of a dam is $306 per application for all classes of dams.

O.C. 300-2002, s. 65; O.C. 17-2005, s. 14.

66. The application processing fee for authorization for the complete or partial removal of a dam is $1,525 for a Class A dam, $763 for a Class B dam and $381 for a Class C, D or E dam.

O.C. 300-2002, s. 66; O.C. 402-2011, s. 13.

67. The file processing fee for the approval of the outline of remedial measures an owner intends to implement for a dam and the implementation schedule is $6,105 for a Class A dam, $3,818 for a Class B dam and $1,525 for a Class C, D or E dam.

O.C. 300-2002, s. 67.

68. The application processing fee for the approval of a safety program submitted under section 23 of the Act is $15,263 per owner. The fee for the renewal of a program is $3,818.

O.C. 300-2002, s. 68.

69. The annual fee payable by a dam owner to cover the costs incurred in the administration of the Act is $1,298 for a Class A or B dam, $268 for a Class C or D dam and $152 for a Class E dam.

The fees prescribed in this section cover the period from 1 April to 31 March of each year. A change in a dam’s classification shall not generate a fee adjustment for the year in which it occurs.

O.C. 300-2002, s. 69; O.C. 989-2023, s. 47.

70. The fees prescribed in sections 64 to 69 must be paid within 30 days of the invoice date by certified cheque made payable to the Minister of Finance or by means of an electronic payment.

O.C. 300-2002, s. 70; O.C. 989-2023, s. 48.

71. The fees prescribed in sections 65 to 69 shall be adjusted on 1 January of each year on the basis of the percentage change in the Consumer Price Index for Canada published by Statistics Canada, which is calculated by determining the difference between the average monthly index for the 12-month period ending on 30 September of the preceding year and the average monthly index for the same period of the second preceding year.

The adjusted fee shall be reduced to the nearest dollar if it contains a dollar fraction under $0.50 and it shall be increased to the nearest dollar if it contains a dollar fraction of $0.50 or more.

The Minister shall inform the public of the annual adjustment by a notice published in the Gazette officielle du Québec and by any other means the Minister may consider appropriate.

O.C. 300-2002, s. 71.

CHAPTER IV LOW-CAPACITY DAMS

72. A declaration of the construction or structural alteration of a dam must contain

(1)  the name and address of the owner and the particulars of the dam location, including geographic coordinates;

(2)  the impounding capacity of the dam following the work;

(3)  the height of the dam following the work;

(4)  the project description;

(5)  an attestation from the engineer responsible for the plans and specifications stating that the dam will be or will remain in the class of low-capacity dams following the work; and

(6)  the name of the engineer responsible for the plans and specifications, and the member’s membership number in the Ordre des ingénieurs du Québec.

The owner or promoter required to send the declaration referred to in the first paragraph to the Minister must use the appropriate form available on the website of the Minister’s department.

O.C. 300-2002, s. 72; O.C. 989-2023, s. 49.

73. A declaration of the removal of a dam must contain

(1)  the name and address of the owner and the particulars of the dam location, including geographic coordinates; and

(2)  a description of the proposed work.

The owner or promoter required to send the declaration referred to in the first paragraph to the Minister must use the appropriate form available on the website of the Minister’s department.

O.C. 300-2002, s. 73; O.C. 989-2023, s. 50.

CHAPTER V SPECIAL PROVISIONS RELATING TO NEWLY LISTED HIGH-CAPACITY DAMS AND DAMS NEWLY CLASSIFIED AS HIGH-CAPACITY DAMS

O.C. 300-2002, c. V; O.C. 989-2023, s. 51.

74. The Minister classifies all newly listed dams or dams newly classified as high-capacity dams in accordance with Division I of Chapter III, subject to the provison that the dam’s failure consequence category is determined on the basis of a prudent inventory of the characteristics of the area that would be affected by a dam failure.

O.C. 300-2002, s. 74; O.C. 989-2023, s. 52.

75. Every newly listed dam or dam newly classified as a high-capacity dam with characteristics that do not comply with the minimum safety standards applicable to it pursuant to Division II of Chapter III must be brought into conformity with those standards not later than the earlier of

(1)  the date on which the dam undergoes a structural alteration that affects all parts of the dam or that, because of the scope of the work, is equivalent to reconstructing the dam; and

(2)  in the case of a dam whose failure consequence category is equal to or greater than “moderate”, or in the case of an associated dam, the completion date stated in the outline of remedial measures and implementation schedule approved by the Minister under section 17 of the Act.

In addition, if structural alterations other than those referred to in subparagraph 1 of the first paragraph are made to a dam whose failure consequence category is equal to or greater than “moderate” or to an associated dam before either of those dates, the dam must be brought into conformity with the various minimum safety standards applicable to the work, to the parts of the dam or to the characteristics of the dam being altered or affected by the alterations to the structure of the dam.

O.C. 300-2002, s. 75; O.C. 17-2005, s. 15; O.C. 989-2023, s. 52.

76. The owner of a newly listed dam or a dam newly classified as a high-capacity dam shall, within the earlier of the following time limits, prepare an impounded water management plan pursuant to Subdivision 1 of Division III of Chapter III if such a plan is required under that subdivision for the dam in question:

(1)  the time limit applicable to the dam under section 78; and

(2)  prior to authorization for

(a)  a structural alteration to the dam if it affects all parts of the dam or, because of the scope of the work, the structural alteration is equivalent to reconstructing the dam; or

(b)  any change in use likely to affect dam safety, in particular a change involving putting the dam back into operation or partially stopping its operation.

The owner must also, as soon as possible after the impounded water management plan is drawn up, send the plan or a summary of the plan to the local municipality within whose territory the dam is located or, in the case of an unorganized territory, the competent regional authority or the Minister of Public Security, in accordance with section 33.

A notice stating that an impounded water management plan has been drawn up and indicating the authority to which the plan or a summary of the plan has been sent in accordance with the second paragraph must be appended to the first dam safety review study or to an application for authorization referred to in subparagraph 2 of the first paragraph, where applicable.

O.C. 300-2002, s. 76; O.C. 17-2005, s. 16; O.C. 989-2023, s. 53.

77. The owner of a newly listed dam or a dam newly classified as a high-capacity dam shall, within the earlier of the following time limits, prepare an emergency action plan pursuant to Subdivision 2 of Division III of Chapter III if such a plan is required under that subdivision for the dam in question:

(1)  the time limit applicable to the dam under section 78; and

(2)  prior to authorization for

(a)  a structural alteration to the dam if it affects all the parts of the dam or, because of the scope of the work, the structural alteration is equivalent to reconstructing the dam; or

(b)  any change in use likely to affect dam safety, in particular a change involving putting the dam back into operation or partially stopping its operation.

The owner must also, as soon as possible after the emergency action plan is drawn up, send the plan or a summary of the plan to the local municipality within whose territory the dam is located or, in the case of an unorganized territory, to the competent regional authority or the Minister of Public Security, in accordance with section 39.

A notice stating that an emergency action plan has been drawn up and indicating the authority to which the plan or a summary of the plan has been sent in accordance with the second paragraph must be appended either to the first dam safety review or to the application for authorization referred to in subparagraph 2 of the first paragraph.

O.C. 300-2002, s. 77; O.C. 17-2005, s. 17; O.C. 989-2023, s. 54.

78. The first dam safety review of a newly listed dam or a dam newly classified as a high-capacity dam must be conducted, and the attendant report sent to the Minister, before 31 December of the fifth calendar year following the year in which the owner is informed of its entry in the register or the entry of its new classification in the register, if such a review is required under section 47.1 for the dam concerned.

O.C. 300-2002, s. 78; O.C. 402-2011, s. 14; O.C. 901-2014, ss. 20 and 22; O.C. 989-2023, s. 55.

79. The first inspection activity on a newly listed dam or a dam newly classified as a high-capacity dam must be conducted not later than 3 months after the date on which the dam’s owner is informed of its entry in the register or the entry of its new classification in the register.

O.C. 300-2002, s. 79; O.C. 989-2023, s. 55.

80. Within 30 days from the date on which the owner of a newly listed dam or a dam newly classified as a high-capacity dam is informed of its entry in the register or the entry of its new classification in the register, the owner must establish a logbook and enter in the logbook the actions that have been taken and the significant events that have occurred since the dam was commissioned, to the best of the owner’s knowledge.

The owner must update the logbook in accordance with section 46 from the date on which it is established.

O.C. 300-2002, s. 80; O.C. 989-2023, s. 55.

CHAPTER VI ADMINISTRATIVE AND PENAL PROVISIONS

O.C. 989-2023, s. 56; I.N. 2023-08-01.

DIVISION I MONETARY ADMINISTRATIVE PENALTIES

O.C. 989-2023, s. 56.

81. A monetary administrative penalty of $250 in the case of a natural person or $1,000 in other cases may be imposed on any person who

(1)  fails to send a notice, information or a document, or to comply with the time limits and procedure for producing or sending a notice, information or a document, in contravention of section 4.1, 6, 33 or 39 or with the second or third paragraph of section 76 or 77;

(2)  fails to inform the Minister of any change affecting information entered in the register or to send a document or information to the Minister within the time prescribed by section 7, in contravention of that section;

(3)  fails to establish, keep or maintain the register provided for in section 21 of the Act, in contravention of section 46 or 80;

(4)  fails to comply with a provision of this Regulation for which no monetary administrative penalty is otherwise provided for.

O.C. 300-2002, s. 81; O.C. 901-2014, s. 22; O.C. 989-2023, s. 56.

82. A monetary administrative penalty of $500 in the case of a natural person or $2,500 in other cases may be imposed on any person who

(1)  fails to comply with the number, frequency or time limits for the inspection activities provided for in section 41 or 79;

(2)  fails to produce a report containing the information prescribed by section 42.1 in accordance with the conditions set out in that section.

O.C. 300-2002, s. 82; O.C. 989-2023, s. 56.

DIVISION II PENAL SANCTIONS

O.C. 989-2023, s. 56.

82.1. Every person who

(1)  fails to send a notice, information or a document, or to comply with the time limits and procedure for producing or sending a notice, information or a document, in contravention of section 4.1, 6, 33 or 39 or with the second or third paragraph of section 76 or 77,

(2)  fails to inform the Minister of any change affecting information entered in the register or to send a document or information to the Minister within the time prescribed by section 7, in contravention of that section,

(3)  fails to establish, keep or maintain the register provided for in section 21 of the Act, in contravention of section 46 or 80,

(4)  fails to comply with a provision of this Regulation for which no offence is otherwise provided for,

is liable, in the case of a natural person, to a fine of $1,000 to $100,000 or, in other cases, to a fine of $3,000 to $600,000.

O.C. 989-2023, s. 56.

82.2. Every person who

(1)  fails to comply with the number, frequency or time limits for the inspection activities provided for in section 41 or 79,

(2)  fails to produce a report containing the information prescribed by section 42.1 in accordance with the conditions set out in that section,

is liable, in the case of a natural person, to a fine of $2,500 to $250,000 or, in other cases, to a fine of $7,500 to $1,500,000.

O.C. 989-2023, s. 56.

CHAPTER VII FINAL

O.C. 989-2023, s. 56.

83. (Omitted).

O.C. 300-2002, s. 83.

SCHEDULE I

(ss. 5, 14 and 29)

SEISMIC ZONES

O.C. 300-2002, Sch. I; O.C. 901-2014, s. 21.

SCHEDULE II

(s. 13)

CONSTANT PHYSICAL PARAMETERS

(Dam vulnerability numerical values)

Dam height
Height (m)	Points
≤5	1
10	2
20	3.5	The points for intermediate heights shall be determined by considering that the points vary linearly between the various height values, except a dam 5 m or lower, which is always assigned 1 point.
30	4.5
40	5.0
50	5.8
100	8.0
160 or more	10.0
Dam types
Dam Type	Points
Concrete arch	1
Concrete buttresses	3
Concrete gravity	2
Concrete gravity embankment	3	For any other type of dam, an equivalence with the dam type in the table with the closest characteristics shall be established.
Concrete or steel sheet-pile barrier upstream of an earthfill dam	6
Earthfill	10
Earth-filled timber or steel sheet-pile cribs	10
Free weir - concrete shield	7
Rockfill dam with
- concrete facing	3
- upstream earthfilled core
Rockfill free weir	8
Rockfill weir	4
Rockfill - zoned (core)	3
Rockfill - zoned Impervious core	3
Steel sheet-piling	7
Stone-filled timber or steel sheet-pile cribs	6
Timber buttresses (cribs)	8
Timber buttresses (dead shores)	9
Impounding capacity
Capacity (106 m3)	Points
≤1	1
50	3	The points for intermediate capacities shall be determined by considering that the points vary linearly between the various values of impounding capacity, except an impounding capacity of 1,000,000 m3 or less, which is always assigned 1 point.
1,000	5
2,000	6.5
5,000	8
6,000 and over	10
Foundation types
Type	Points
Treated rock	1
Rock	2
Core on treated rock	3	The treatment includes all the geotechnical methods meant to reduce the permeability of the foundation and increase its resistance to internal erosion or to increase the bearing capacity of the foundation or the stability of the dam.
Treated till	3
Core on rock	4
Till	4
Core on till	5
Treated clay	6	Till is a material of glacial origin consisting of a mixture of varying particle sizes that usually contains a certain percentage of fines.
Clay	7
Treated alluvial deposits	8
Core on clay	8
Alluvial or unknown deposits	10

O.C. 300-2002, Sch. II; O.C. 989-2023, s. 57.

SCHEDULE III

(s. 14)

VARIABLE PARAMETERS

(Dam vulnerability numerical values)

Dam age
__________________________

     Concrete Dam     
__________________________

    Age
  (years)        Points                 
__________________________
                             This category includes the following dam types: 
     0              1        concrete gravity, concrete gravity embankment, 
__________________________   concrete arch, stone-filled or earth-filled steel
                             sheet-pile cribs, concrete buttresses, free weir - 
     5             1.5       concrete shield, rockfill dam with concrete facing,
__________________________   steel sheet-piling.
   
    10              2        The points for intermediate dam ages shall be 
__________________________   determined by considering that the points vary 
                             linearly between the various age values.
    20              3    
__________________________
   
    40              7    
__________________________
   
    50              9    
__________________________
   
55 and over        10
__________________________
__________________________
 
     Embankment Dam    
__________________________
 
    Age
  (years)        Points
__________________________
 
     0              8
__________________________
 
     5             7.5       This category includes the following dam types: 
__________________________   concrete barrier or steel sheet-piling upstream of 
                             earthfill dam, rockfill dam with upstream 
    10             6.5       earthfilled core and earthfill.
__________________________
                             The points for intermediate dam ages shall be 
    15              5        determined by considering that the points vary 
__________________________   linearly between the various dam age values.
   
    20              4
__________________________
   
    25              3    
__________________________
   
    30             2.5   
__________________________
   
    40              2
__________________________
 
    50             1.5
__________________________
 
60 and over         1
__________________________
__________________________
 
      Timber Dam       
__________________________
 
    Age
  (years)        Points     
__________________________
                             This category includes the  following dam types: 
     0              1        stone-filled or earth-filled timber cribs and timber 
__________________________   buttresses (cribs or dead shores).
   
     5             1.5       The points for intermediate dam ages shall be 
__________________________   determined by considering that the points vary 
                             linearly between the various dam age values.
    10              2    
__________________________
   
    20              8   
__________________________
   
30 and over        10    
__________________________
__________________________
 
   Rockfill Free Weir  
__________________________
 
    Age
  (years)        Points  
__________________________
                             This category includes the following dam types: 
    ≤5              5        rockfill free weir and rockfill weir.
__________________________
                             The points for intermediate dam ages shall be 
    10              6        determined by considering that the points vary 
__________________________   linearly between the various dam age values, except
                             a dam of 5 years or less, which is always assigned 
    15              7        5 points.
__________________________
   
    20              8    
__________________________
   
    25              9    
__________________________
 
30 and over        10
__________________________

Seismicity
__________________________

Seismic Zone     Points
__________________________

     1              1
__________________________

     2              1
__________________________

     3              2
__________________________

     4              6
__________________________

     5              8
__________________________

Reliability of discharge facilities
__________________________

Reliability      Points
__________________________

Satisfactory        1
__________________________

Acceptable          5
__________________________

Unsatisfactory
or undetermined         10
__________________________

Dam condition
__________________________

Condition       Points
__________________________

Very good           1
__________________________

Good                3
__________________________

Acceptable          5 
__________________________

Poor or undetermined    10
__________________________                

Very good: The dam does not show evidence of any deficiency or has minimal confined deterioration considered normal or of no consequence.

Good: The dam shows evidence of only minor deterioration or deficiencies that do not affect the proper operation of its components.

Acceptable: The dam shows evidence of deterioration requiring repairs without however immediately endangering the structure; a dam in this state requires maintenance and repair work in the immediate or near future without which the dam would become increasingly vulnerable. The dam may also show evidence of deficiencies which do not affect its immediate safety but which require close monitoring.

Poor or undetermined: The dam shows evidence of single or multiple severe deterioration that could affect its stability or make certain parts inoperable, or the dam shows evidence of serious deficiencies likely to endanger its safety or the condition of the dam cannot be ascertained.

O.C. 300-2002, Sch. III; O.C. 17-2005, s. 18; O.C. 402-2011, s. 15.

SCHEDULE IV

(s. 16)

DAM FAILURE CONSEQUENCE NUMERICAL VALUES

___________________________________________________

  Consequence Category                   Points   
___________________________________________________

        Very Low                            1
___________________________________________________

          Low                               2
___________________________________________________

        Moderate                            3
___________________________________________________

          High                              5
___________________________________________________

        Very High                           8
___________________________________________________

         Severe                            10
___________________________________________________    

O.C. 300-2002, Sch. IV.

SCHEDULE V

(s. 17)

CHARACTERISTICS OF THE AFFECTED AREA

Characteristics of the affected area			Consequence Category
Population density		Extent of destroyed or severely damaged infrastructures and services
Uninhabited area	OR	Area containing minimal infrastructures or services such as	Very Low
		- another dam in the Very Low Consequence category
		- a resources access road
		- farmland
		- a commercial facility without accommodations
Occasionally inhabited area containing less than 10 cottages or seasonal residences	OR	Area containing limited infrastructures or services such as	Low
OR		- another dam in the Low Consequence category
Area containing a commercial facility that provides accommodation for less than 25 persons or that has less than 10 accommodation units (i.e., 10 cottages, 10 campsites, 10 motel rooms)		- a local road
Permanently inhabited area containing less than 10 residences or occasionally inhabited and containing 10 or more cottages or seasonal residences	OR	Area containing moderate infrastructures or services such as	Moderate
OR		- another dam in the Moderate Consequence category
Area containing a seasonal commercial facility that provides accommodation for 25 or more persons or that contains 10 or more accommodation units or that operates year-round and provides accommodation for less than 25 persons or has less than 10 accommodation units		- a feeder road
		- a railway line (local or regional)
		- an enterprise with less than 50 employees
		- a main water intake upstream or downstream of the dam that supplies a municipality
Permanently inhabited area containing 10 or more residences and less than 1,000 residents	OR	Area containing significant infrastructures or services such as	High
OR		- another dam in the High Consequence category
Area containing a commercial facility that operates year-round and provides accommodation for 25 or more persons or has 10 or more accommodation units		- a regional road
		- a railway line (transcontinental or transborder)
		- a school
		- an enterprise that has 50 to 499 employees
Permanently inhabited area with a population of more than 1,000 and less than 10,000	OR	Area containing major infrastructures or services such as	Very High
		- another dam in the Very High Consequence category
		- an autoroute or national highway
		- an enterprise that has 500 or more employees
		- an industrial park
		- a dangerous substances storage site
Permanently inhabited area with a population of 10,000 or more	OR	Area containing substantial infrastructures or services such as	Severe
		- another dam in the Severe Consequence category
		- a hospital
		- a major industrial complex
		- a large dangerous substances storage site

For the purposes of the above table, “commercial facility” means a golf course, bicycle trail, cross-country ski trail, snowmobile trail, campground, outfitting operation, outdoor recreation centre, holiday camp, tourist complex or any other similar sports or recreational facility.

The road or highway nomenclatures in the above table are taken from the functional classification established by the Ministère des Transports.

For an infrastructure or service that does not match one of the types listed in the table above, an equivalency must be established with the type of infrastructure or service that, by analogy, provides the best match with the infrastructure or service under consideration.

O.C. 300-2002, Sch. V; O.C. 989-2023, s. 58.

REFERENCES

O.C. 300-2002, 2002 G.O. 2, 1647

O.C. 17-2005, 2005 G.O. 2, 471

O.C. 402-2011, 2011 G.O. 2, 1009

O.C. 901-2014, 2014 G.O. 2, 2445

O.C. 989-2023, 2023 G.O. 2, 1232