S-3.1.01 - Dam Safety Act

Section 41 Disposition versions

2022-05-12

41. The following are liable, in the case of a natural person, to a fine of not less than $5,000 nor more than $500,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of 18 months, or to both the fine and imprisonment, and in any other case to a fine of not less than $15,000 nor more than $3,000,000:

(1)  any dam owner who, in contravention of the first paragraph of section 2.1, fails to maintain the dam in working order such that it is unlikely to compromise the safety of persons or property;

(2)  anyone who

(a)  carries out a project referred to in section 5 without having obtained the authorization to do so or, in the cases provided for in section 11, without having obtained a new authorization; or

(b)  provides information that is false or misleading for the purposes of this Act or the regulations;

(3)  any high-capacity dam owner who,

(a)  in contravention of section 17, fails to forward to the Minister the safety review or fails to forward to the Minister an outline of the remedial measures the owner intends to take or the implementation schedule; or

(b)  in any situation liable to compromise the safety of the dam,

i.  fails to inform the Minister of the situation; or

ii.  where there is a threat to persons or property, fails to inform the civil protection authorities; and

(4)  any promoter or owner of a dam who carries out a project referred to in section 29 without having filed the required declaration with the Minister.

2000, c. 9, s. 41; 2022, c. 8, s. 161.

2002-04-11

41. The following persons are liable to a fine of not less than $2,000 nor more than $200,000:

(1)  every dam owner who contravenes the provisions of section 10;

(2)  every promoter or dam owner who undertakes a project without holding the authorization required under section 11;

(3)  every dam owner who fails to keep the register prescribed by section 21 or fails to provide any information, documents, reports or registers required under this Act;

(4)  every promoter or dam owner who undertakes a project without filing the declaration required under section 29;

(5)  every dam owner who fails to comply with an order made by the Minister pursuant to section 33.

2000, c. 9, s. 41.