Q-2 - Environment Quality Act

Article 115.33.1 Versions de la disposition

2025-05-28

115.33.1. Anyone, other than a natural person, in the course of an activity determined by government regulation, is liable to a minimum fine that is 10 times as high as what is prescribed in this chapter if they

1°  contravenes section 20 or 22, the first or second paragraph of section 30, the second paragraph of section 31.0.5, section 31.1, 31.7, 31.10, 31.26, 31.51, 31.53, 31.54 or 66, the first paragraph of section 70.5.1 or section 70.5.3, 70.8, 70.9, 123.1, 123.5, 154 or 189;

2°  fails to comply with any standard or any condition, restriction, prohibition or requirement relating to an approval, authorization, certificate, attestation or certification issued by the Government or the Minister under this Act, in cases where no other penalty is provided for in this Act or the regulations;

3°  fails to apply or comply with a land rehabilitation plan approved by the Minister under this Act;

4°  fails to comply with a corrective program imposed by the Minister under section 31.28;

5°  fails to comply with a depollution program approved by the Minister under section 124.3;

6°  provides false or misleading information for the purposes of this Act or the regulations;

7°  carries out a project, carries on an activity or does something without first obtaining any other authorization required under this Act or the regulations, in cases where no other penalty is provided for in this Act or the regulations;

8°  is responsible for the accidental release of a hazardous material or a contaminant and fails to stop the release in contravention of subparagraph 1 of the second paragraph of section 21;

9°  is responsible for the accidental release of a contaminant and fails to recover, clean or treat in situ the matter contaminated by the release, or to remove the contaminated matter from the area affected by the release and ship it to an authorized site, in contravention of subparagraph 2 of the second paragraph of section 21;

10°  fails to take the measures prescribed by the Minister in accordance with an emergency plan formulated under section 49 in case of air pollution;

11°  fails to comply with an order imposed under this Act, or in any way prevents or hinders its enforcement;

12°  carries out a project, carries on or pursues an activity or does something even though

a)  the issue or renewal of the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been refused; or

b)  the approval, authorization, certificate, attestation, accreditation or certification required under this Act has been suspended or revoked; or

13°  carries on an activity or does something that contravenes a decision the Government or the Minister renders in its regard under this Act.

Where the Government determines, under section 45 of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6), the provisions of a regulation it makes under this Act whose violation constitutes an offence, it may also determine that anyone, other than a natural person, is liable to a minimum fine that is 10 times as high as what is prescribed in the regulation if the offence is committed in the course of an activity determined by government regulation under the first paragraph.

2025, c. 12, s. 159.