Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (CQLR c Q-2, r 17.1)

This Regulation sets out the regulatory scheme applying to activities on the basis of their environmental impact, in accordance with Division II of Chapter IV of Title I of the Environment Quality Act (chapter Q-2), hereinafter referred to as the Act , to complement the activities governed by the environmental impact assessment and review procedure provided for in Subdivision 4 of Division II of Chapter IV of Title I of the Act and the Regulation respecting the environmental impact assessment and review of certain projects (chapter Q-2, r. 23.1), or by the environmental and social impact assessment and review procedure applicable in the territories referred to in sections 133 and 168 of the Act. The regulatory scheme applies, on the basis of their level of impact, to (1) activities that require a prior authorization pursuant to section 22 of the Act, hereinafter referred to as an authorization , and those that require the prior amendment of an authorization pursuant to section 30 of the Act, hereinafter referred to as an amendment , specifying in particular the information and documents that must be provided in support of an application in order for it to be considered, the terms and conditions governing an application for the issue, amendment, renewal, suspension or revocation of an authorization, and the terms and conditions governing the transfer of an authorization or the cessation of an authorized activity; (2) activities eligible for a declaration of compliance pursuant to section 31.0.6 of the Act, hereinafter referred to as a declaration of compliance , specifying, in particular, the conditions, restrictions and prohibitions regarding eligibility, hereinafter referred to as the eligibility conditions , and those that apply to the carrying on of the activities, along with the information and documents that must be provided in support of a declaration of compliance and, where applicable, the declaration from a professional that must accompany the declaration of compliance or the attestation that must be provided once the activity has been completed; (3) activities exempted from authorization pursuant to section 31.0.11 of the Act, hereinafter referred to as exempted activities , specifying in particular the conditions, restrictions and prohibitions that apply to the carrying on of the activities and, where applicable, the attestation from a professional that must be provided once the activity has been completed. Despite section 46.0.2 of the Act, the authorization provided for in subparagraph 4 of the first paragraph of section 22 of the Act is not required for interventions carried out in (1) the following man-made works: (a) an irrigation pond; (b) a water management or treatment facility referred to in subparagraph 3 of the first paragraph of section 22 of the Act; (c) a body of water containing water pumped from a sand pit or quarry, if it has not been restored; (d) a commercial fishing pond; (e) a pond for the production of aquatic organisms; (f) a basin reserved for fire-fighting purposes; (2) a wetland in which the vegetation is dominated by reed phalaris (Phalaris arundinacea L.) or the introduced sub-species of common water reed (Phragmites australis (Cav.) Trin. ex Steud. subsp. australis), and when the soil is not hydromorphic.
Title II applies in a reserved area and an agricultural zone established pursuant to the Act respecting the preservation of agricultural land and agricultural activities (chapter P-41.1). Title IV concerns authorizations; it describes the general content of an application for authorization, such as the identification of the applicant, the description and location of the project, the environmental impacts and mitigation measures, and the information on greenhouse gas emissions and groundwater monitoring, if applicable. It also deals with the amendment of an authorization, covers the renewal of an authorization, declaration of antecedents etc.
Part II concerns regulatory scheme governing activities. It contains the following sections: Title I: Activities regulated by other specific mechanisms or generally exempted. This section covers activities that are subject to environmental impact assessment and review procedures, or that are regulated by other laws or regulations, or that are generally exempted from authorization, such as research and experimental work. Title II: Activities with multiple environmental impacts. This section covers activities that require authorization, declaration of compliance, or exemption depending on their level of impact, such as industrial establishments, elimination and transfer of residual materials, mining activities, hydrocarbons, sawmills and wood processing plants, electricity production, contaminated soil management, cemeteries, crematoriums and alkaline hydrolysis establishments, sand pits and quarries, hot mix asphalt plants and concrete plants, crop cultivation and livestock raising, maple syrup production, washing of fruit and vegetables, fishing ponds and aquaculture sites. Title III: Activities with a specific environmental impact. This section covers activities that require authorization, declaration of compliance, or exemption depending on their impact on water, hazardous residual materials and biomedical waste, or materials storage, use and treatment. It also covers activities carried on in certain environments, such as wetlands and bodies of water, or close to them, such as water management and storm water management. Title IV is about activities carried out in certain environments; these are wetlands and bodies of water and encompass activities requiring authorization and activities eligible for a declaration of compliance.