I-14.1 - Act to prohibit the establishment or enlargement of certain waste elimination sites

À jour au 1^er avril 1999

Ce document a valeur officielle.

chapter I-14.1

Act to prohibit the establishment or enlargement of certain waste elimination sites

The Minister of Sustainable Development, Environment and Parks is responsible for the administration of this Act. Order in Council 173-2005 dated 9 March 2005, (2005) 137 G.O. 2 (French), 1043.

1. From 1 December 1995, the establishment or enlargement of the following waste elimination sites is prohibited:

(1)  sanitary landfill sites;

(2)  dry materials disposal sites;

(3)  solid waste incinerators.

For the purposes of this Act, the waste elimination sites referred to in subparagraphs 1, 2 and 3 above are the sites to which the Regulation respecting solid waste (R.R.Q., 1981, chapter Q-2, r. 14) applies. In addition, the term “enlargement” means any modification resulting in an increase of the landfill, disposal or incineration capacity of the site concerned.

1995, c. 60, s. 1.

2. Notwithstanding the provisions of section 1, the Government may lift the prohibition set out therein if, in its opinion, the situation in a particular region requires the establishment or enlargement of a waste elimination site referred to in that section.

If, in the opinion of the Government, the situation further requires expeditious action, the Government may also, notwithstanding any provision to the contrary in the Act respecting the establishment and enlargement of certain waste elimination sites (chapter E-13.1) or in the Environment Quality Act (chapter Q-2), exempt a project from some or all of the environmental impact assessment and review procedure provided for in Division IV.1 of Chapter I of the Environment Quality Act; in such a case, the decision of the Government must include a description of the situation justifying such exemption.

Where a project is totally exempted from the environmental impact assessment procedure pursuant to the preceding paragraph, the Government shall issue the certificate provided for in section 31.5 of the Environment Quality Act subject to the conditions determined by the Government; moreover, in the case of waste elimination sites to which the Act respecting the establishement and enlargement of certain waste elimination sites applies, section 3 of the Act remains applicable.

1995, c. 60, s. 2.

3. The prohibition imposed by section 1 does not apply to

(1)  waste elimination site establishment or enlargement projects in respect of which a certificate was issued under section 31.5 or 54 of the Environment Quality Act (chapter Q-2) before 1 December 1995; or

(2)  waste elimination site establishment or enlargement projects in respect of which the notice required by section 31.2 of the said Act or an application for the certificate referred to in section 54 of the said Act was filed before 1 December 1995, and in respect of which the decision of the Government or of the Minister to grant or refuse the certificate of authorization or of conformity applied for has yet to be made on that date.

1995, c. 60, s. 3.

4. Any contravention of the provisions of section 1 renders the offender liable to the penalties set out in section 106 of the Environment Quality Act (chapter Q-2).

The provisions of the first paragraph of section 109.1.1 and of sections 109.1.2, 109.2, 110, 110.1, 112, 114, 115 and 116.1 of the said Act are applicable.

1995, c. 60, s. 4.

5. The provisions of this Act are not applicable to the territories referred to in the second paragraph of section 31.9, section 133 and section 168 of the Environment Quality Act (chapter Q-2).

1995, c. 60, s. 5.

6. (Omitted).

1995, c. 60, s. 6.

7. (Omitted).

1995, c. 60, s. 7.

REPEAL SCHEDULE

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 60 of the statutes of 1995, in force on 1 March 1996, is repealed, except section 7, effective from the coming into force of chapter I-14.1 of the Revised Statutes.