Q-2, r. 32.2 - Regulation respecting the temporary implementation of the amendments made by chapter 7 of the Statutes of 2021 in connection with the management of flood risks

Section 10 Disposition versions

2023-07-06

10. The application for authorization must include

(1)  when it concerns the relocation of a main residential building on a lot situated in an ice jam flood zone with or without ice movement listed in a metropolitan land use and development plan, a land use and development plan, any interim control measure or a by-law adopted by a regional county municipality pursuant to the Act respecting land use planning and development (chapter A-19.1), a notice signed by a professional attesting that the relocation does not increase the exposure to ice;

(2)  when it concerns the construction, except the dismantling, of a main building the structure or part of the structure of which is situated below the 100 year flood recurrence level, a notice signed by a professional, showing that the building will be able to resist such a flood once the work is completed;

(3)  when it concerns work on an existing main building for which the flood-proofing measures provided for in section 38.6 of the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1), cannot be respected, a notice signed by a professional attesting that backfilling is an appropriate flood-proofing measure to replace the measures that cannot be applied and that the following conditions are met:

(a)  the presence of backfill will not increase the exposure to flooding of buildings, works and infrastructures likely to be affected by the presence of backfill;

(b)  the backfill ensures immediate protection for the building only and does not extend to the whole of the lot on which the building is situated;

(c)  the height of the backfill does not exceed the 100 year flood recurrence level;

(4)  when it concerns the reconstruction, substantial modification or relocation of a recognized or classified heritage immovable, including its protection area if any, of an immovable situated in a recognized, classified or declared heritage site under the Cultural Heritage Act (chapter P-9.002), or a building listed in an inventory carried out in accordance with section 120 of that Act,

(a)  a copy of the authorization issued by the Minister of Culture and Communications, if applicable; and

(b)  the notice provided for in the second paragraph of section 38.8 of the Regulation respecting activities in wetlands, bodies of water and sensitive areas, if applicable; and

(5)  when it concerns work on a main residential building affected by a flood in a high-velocity zone, a notice, signed by a person with professional expertise in the field, showing that the damage sustained does not exceed one half of the new-build cost for the building, excluding accessory buildings and works, and improvements to the site. The cost must be established in accordance with Part 3E of the Manuel d’évaluation foncière du Québec, adjusted to 1 July of the year preceding the year in which the building was affected by the flood.

O.C. 1596-2021, s. 10; O.C. 984-2023, s. 3.

2022-03-01

10. The application for authorization must include

(1)  when it concerns the relocation of a main residential building, a notice signed by a professional attesting that the relocation does not increase the exposure to ice;

(2)  when it concerns the construction, except the dismantling, of a main building the structure or part of the structure of which is situated below the 100 year flood recurrence level, a notice signed by a professional, showing that the building will be able to resist such a flood once the work is completed;

(3)  when it concerns work on an existing main building for which the flood-proofing measures provided for in section 38.6 of the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1), cannot be respected, a notice signed by a professional attesting that backfilling is an appropriate flood-proofing measure to replace the measures that cannot be applied and that the following conditions are met:

(a)  the presence of backfill will not increase the exposure to flooding of buildings, works and infrastructures likely to be affected by the presence of backfill;

(b)  the backfill ensures immediate protection for the building only and does not extend to the whole of the lot on which the building is situated;

(c)  the height of the backfill does not exceed the 100 year flood recurrence level;

(4)  when it concerns the reconstruction, substantial modification or relocation of a recognized or classified heritage immovable, including its protection area if any, of an immovable situated in a recognized, classified or declared heritage site under the Cultural Heritage Act (chapter P-9.002), or a building listed in an inventory carried out in accordance with section 120 of that Act,

(a)  a copy of the authorization issued by the Minister of Culture and Communications, if applicable; and

(b)  the notice provided for in the second paragraph of section 38.8 of the Regulation respecting activities in wetlands, bodies of water and sensitive areas, if applicable; and

(5)  when it concerns work on a main residential building affected by a flood in a high-velocity zone, a notice, signed by a person with professional expertise in the field, showing that the damage sustained does not exceed one half of the new-build cost for the building, excluding accessory buildings and works, and improvements to the site. The cost must be established in accordance with Part 3E of the Manuel d’évaluation foncière du Québec, adjusted to 1 July of the year preceding the year in which the building was affected by the flood.

O.C. 1596-2021, s. 10.

Not in force

In force: 2022-03-01

10. The application for authorization must include

(1)  when it concerns the relocation of a main residential building, a notice signed by a professional attesting that the relocation does not increase the exposure to ice;

(2)  when it concerns the construction, except the dismantling, of a main building the structure or part of the structure of which is situated below the 100 year flood recurrence level, a notice signed by a professional, showing that the building will be able to resist such a flood once the work is completed;

(3)  when it concerns work on an existing main building for which the flood-proofing measures provided for in section 38.6 of the Regulation respecting activities in wetlands, bodies of water and sensitive areas (chapter Q-2, r. 0.1), cannot be respected, a notice signed by a professional attesting that backfilling is an appropriate flood-proofing measure to replace the measures that cannot be applied and that the following conditions are met:

(a)  the presence of backfill will not increase the exposure to flooding of buildings, works and infrastructures likely to be affected by the presence of backfill;

(b)  the backfill ensures immediate protection for the building only and does not extend to the whole of the lot on which the building is situated;

(c)  the height of the backfill does not exceed the 100 year flood recurrence level;

(4)  when it concerns the reconstruction, substantial modification or relocation of a recognized or classified heritage immovable, including its protection area if any, of an immovable situated in a recognized, classified or declared heritage site under the Cultural Heritage Act (chapter P-9.002), or a building listed in an inventory carried out in accordance with section 120 of that Act,

(a)  a copy of the authorization issued by the Minister of Culture and Communications, if applicable; and

(b)  the notice provided for in the second paragraph of section 38.8 of the Regulation respecting activities in wetlands, bodies of water and sensitive areas, if applicable; and

(5)  when it concerns work on a main residential building affected by a flood in a high-velocity zone, a notice, signed by a person with professional expertise in the field, showing that the damage sustained does not exceed one half of the new-build cost for the building, excluding accessory buildings and works, and improvements to the site. The cost must be established in accordance with Part 3E of the Manuel d’évaluation foncière du Québec, adjusted to 1 July of the year preceding the year in which the building was affected by the flood.

O.C. 1596-2021, s. 10.