Q-2, r. 28 - Ministerial Order concerning the fees payable under the Environment Quality Act
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Updated to 13 August 2015
This document has official status.
chapter Q-2, r. 28
Ministerial Order concerning the fees payable under the Environment Quality Act
ENVIRONMENT | FEES PAYABLE
Environment Quality Act
(chapter Q-2, s. 31.0.1).
Q-2
01January 011 2015
The fees prescribed in the Regulation have been indexed as of 1 January 2015 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 6 December 2014, page 1187. (ss. 2, 3, 4, 5, 6, 7, 8, 10, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25)
1. In this Order, the word "Act" appearing alone means the Environment Quality Act (chapter Q-2).
M.O. 2008-05-07, s. 1.
AUTHORIZATIONS OF THE MINISTER
2. The fees for an application for authorization under section 22 of the Act are as follows:
(1) for any project involving
(a) a dam, a bridge with an opening greater than 3.6 m, or a marina: $2,811;
(b) development work carried out in a watercourse, the construction, reconstruction, widening or straightening of a road likely to alter a watercourse, lake, pond, marsh, swamp or bog, or dredging operations in a watercourse where the sediment volume is equal to or greater than 50 m3: $2,811;
(c) an electric power generating station: $5,623 if the capacity of the generating station is less than 1 MW and $11,245 in any other case;
(d) a golf course: $5,623;
(e) subject to subparagraph f, an industrial establishment, a quarry, sand pit or mine: $1,687; additional fees are payable
i. where the issue of a certificate of authorization for such a project is subject to the determination of environmental emission objectives due to contaminants emitted into the atmosphere: $1,124; or
ii. where the issue of a certificate of authorization for such a project is subject to the determination of environmental discharge objectives due to process water discharged into the environment: $2,811;
(f) a sand pit or hot mix asphalt plant, if it is shown in the application that the project meets the applicable siting or emission standards: $562;
(g) a facility that stores or treats biomedical waste or a system that transports such waste: $1,124;
(h) the establishment or alteration with increase in capacity of a pulp and paper mill or sawmill residual materials landfill: $5,623; for any other alteration of such a landfill: $2,811;
(i) the establishment or alteration with increase in capacity of a snow disposal site: $1,124; for any other alteration of such a site: $562;
(j) the establishment or alteration with increase in capacity of a contaminated soil landfill: $5,623; for any other alteration of such a landfill: $2,811;
(k) the establishment of a contaminated soil treatment facility: $5,623 in the case of a thermal processing unit and $2,811 in the case of a biological or physico-chemical treatment unit; for any alteration of such a facility: $2,811 in the case of a thermal processing unit or $1,405 in the case of a biological or physico-chemical treatment unit;
(l) the establishment or alteration with increase in capacity of a contaminated soil storage site or transfer station: $5,623; for any other alteration of such a site or station: $2,811;
(m) the establishment of an engineered landfill, a construction or demolition waste landfill, or a residual materials incineration facility: $5,623; for an alteration with increase in capacity of such a facility: $2,811; for any other alteration of such a facility: $1,124;
(n) the establishment of a residual materials trench landfill: $2,811; for an alteration with increase in capacity of such a landfill: $1,405; for any other alteration of such a landfill: $1,124; or
(o) the establishment of a northern landfill or residual materials transfer station: $1,124; for any alteration of such a landfill or station: $562;
(2) for any other project not expressly covered by paragraph 1: $562, with the exception of a project that relates exclusively to
(a) an agricultural activity, including fish-farming;
(b) the alteration without increase in capacity of a solid waste elimination or storage site governed by the Regulation respecting solid waste (chapter Q-2, r. 13);
(c) wildlife development to which the third paragraph of section 2 of the Regulation respecting environmental impact assessment and review (chapter Q-2, r. 23) applies;
(d) work that must be carried out by a regional county municipality to restore normal water flow in a watercourse pursuant to section 105 of the Municipal Powers Act (chapter C-47.1); or
(e) work or activities carried out as a result of a state of emergency declared by a local municipality in accordance with section 42 of the Civil Protection Act (chapter S-2.3).
3. The fee for an application for authorization under the second paragraph of section 24 of the Act to transfer one or more certificates of authorization issued to the applicant under section 22 of the Act is $562 for the same works or establishment, the same activity or the same work.
The fee in the first paragraph is not payable for an application to transfer one or more certificates of authorization concerning only an activity or work provided for in subparagraphs a to e of paragraph 2 of section 2.
(1) for a project involving
(a) a treatment facility for drinking water supplied by a distribution system that supplies 1,000 persons or more: $1,124;
(b) a municipal wastewater treatment facility serving 1,000 persons or more: $2,250; additional fees of $1,687 are payable where the issue of an authorization for such a project is subject to the determination of environmental discharge objectives due to wastewater discharged into the environment; or
(c) an industrial establishment, a quarry, a sand pit or a mine: $1,124; additional fees of $2,811 are payable where the issue of an authorization for such a project is subject to the determination of environmental discharge objectives due to process water discharged into the environment; or
(2) for any other project not expressly covered by paragraph 1: $562.
5. The fee for an application for authorization under section 48 of the Act for a project involving an industrial establishment, a quarry, a sand pit or a mine is $1,124. Additional fees of $1,124 are payable where the issue of a certificate of authorization for such a project is subject to the determination of environmental emission objectives due to contaminants emitted into the atmosphere.
6. The fee for an application for authorization under the first paragraph of section 70.8 of the Act to have possession for more than 12 months of a hazardous material referred to in any of subparagraphs 1 to 4 of the first paragraph of section 70.6 of the Act is $2,250.
7. The fee for an application for authorization under section 70.17 of the Act to transfer one or more permits issued to the applicant under section 70.11 of the Act is $562 for the same establishment or the same facility or activity.
8. The fees for an application for authorization, in accordance with section 31.75 of the Act, or modification of authorization are as follows:
(1) for a water withdrawal with a maximum flow rate of less than 75,000 litres per day: $1,458;
(2) for a water withdrawal with a maximum flow rate equal to or greater than 75,000 litres but less than 379,000 litres per day: $2,021;
(3) for a water withdrawal with a maximum flow rate equal to or greater than 379,000 litres per day: $3,247.
The fees set out in the first paragraph do not apply to an application for a modification to the information or documents already provided in support of an application.
M.O. 2008-05-07, s. 8; M.O. 2015, s. 1.
8.1. The fees for an application for renewal, without modifications, of an authorization referred to in section 8 are as follows:
(1) for a water withdrawal with a maximum flow rate of less than 75,000 litres per day: $563;
(2) for a water withdrawal with a maximum flow rate equal to or greater than 75,000 litres but less than 379,000 litres per day: $844;
However, where the application for renewal contains modifications to the conditions of operation of a water withdrawal, the fees set out in the first paragraph of section 8 are payable.
M.O. 2015, s. 1.
8.2. The fees set out in sections 8 and 8.1 do not apply where the application concerns a water withdrawal made under an agricultural activity, including fish-farming.
AUTHORIZATIONS OF THE GOVERNMENT
9. This Division applies only to projects subject, under the Regulation respecting environmental impact assessment and review (chapter Q-2, r. 23), to the environmental impact assessment and review procedure provided for in Division IV.1 of Chapter I of the Act.
10. The fees for an application for authorization under section 31.5 of the Act are set out in the table below:
Steps in the Rate classes
environmental __________________________________________________
and review procedure 1 2 3 4
1. Filing of the project $1,124 $1,124 $1,124 $1,124
notice under
section 31.2 of the Act
2. Filing of the impact $4,496 $15,740 $26,984 $38,229
statement under the
first paragraph of
3. Beginning $0 $39,353 $67,462 $95,572
of the public
consultation under
the third paragraph
of section 31.3 of
Total $5,620 $56,217 $95,570 $134,925
Schedule I sets the rate class applicable for each class or subclass of projects.
M.O. 2008-05-07, s. 10.
11. An application for authorization under section 31.6 of the Act for a project that is exempt in part from the environmental impact assessment and review procedure must include the fee set out in section 10 for each of the remaining applicable steps in that procedure.
12. The fees for an application for authorization under section 31.5 or 31.6 of the Act for a project covered by more than one class or subclass of projects referred to in Schedule I are the fees set out in section 10 for the highest rate class applicable to the project.
13. In the case of a certificate of authorization issued under section 31.5 or 31.6 of the Act, the fees payable under sections 2, 4, 5 and 18 of this Order do not apply to applications subsequently filed with the Minister in accordance with section 22, 32, 48 or 70.9 of the Act so that the physical realization of the authorized project may begin.
DEPOLLUTION ATTESTATIONS
14. The fee for an application for a depollution attestation under section 31.16 of the Act is $9,388.
The fee for a reapplication for a new depollution attestation under section 31.28 of the Act is $4,694.
APPROVALS OF THE MINISTER
LAND REHABILITATION PLAN
15. The fees for an application for approval of a land rehabilitation plan under section 31.51, 31.54 or 31.57 of the Act are as follows:
(1) where the work or works required under the land rehabilitation plan involve the elimination of contaminants on sites authorized under section 22 of the Act: $1,124;
(2) where the work or works required under the land rehabilitation plan involve on-site treatment of contaminants: $3,374;
(3) where the rehabilitation plan provides that contaminants are to be left in place: $8,995.
DEPOLLUTION PROGRAM
16. The fee for an application for approval of a depollution program under section 116.2 of the Act is $11,245.
PERMITS AND PERMISSIONS
17. The fees for an application under section 65 of the Act for permission to use, for construction purposes, land that was formerly used as a site for the elimination of residual materials are as follows:
(1) for a project involving the construction of a residential, commercial, institutional or industrial building: $2,811;
18. The fees for an application for a permit under section 70.9 of the Act are as follows:
(1) for a project involving the operation, for commercial purposes, of a physico-chemical or biological treatment process for residual hazardous materials, the storage of such materials or the transportation of hazardous materials to a disposal site for such materials: $2,811;
(2) for any other project not expressly covered by paragraph 1: $5,623.
19. The fees for an application for modification of a permit under section 70.16 of the Act are as follows:
(1) where the purpose of the modification is to increase the nominal capacity of a facility by more than 35%: 50% of the fee payable under section 18 for the project;
(2) for any other modification: $1,124.
ADMINISTRATIVE CERTIFICATES
20. The fees for an application under section 24.1 of the Act for an administrative certificate combining certificates of authorization issued under section 22 of the Act are as follows:
(1) to combine 5 or fewer certificates of authorization: $2,250;
(2) to combine 6 to 10 certificates of authorization: $3,374;
(3) to combine 11 to 20 certificates of authorization: $4,496;
(4) to combine 21 or more certificates of authorization: $5,623.
MODIFICATION AND RENEWAL
21. The fee for an application under the Act or its regulations for modification of an authorization, approval, certificate, permit or permission referred to in this Order is $281, unless a provision of the Order sets a different fee for the application.
The fee set out in the first paragraph does not apply to an application for only 1 change or modification to the information or documents already provided in support of an application.
The fee also does not apply to an application for modification of a certificate of authorization issued under section 22 of the Act for any project that relates exclusively to
(e) work or activities arising from a state of emergency declared by a local municipality in accordance with section 42 of the Civil Protection Act (chapter S-2.3).
22. The fee for an application under the Act or its regulations for the renewal of a document referred to in this Order is $562, unless a provision of the Order sets a different fee for the application.
23. The fees payable under this Order must be paid in full at the time the application is submitted.
However, the fees payable under section 10 may be paid at the beginning of each of the 3 steps in the environmental impact assessment and review procedure mentioned in that section.
The fees are payable in cash, by cheque or by bank or postal money order made out to the Minister of Finance or by an electronic method of payment.
24. The fees payable under this Order are adjusted on 1 January of each year based on the percentage change in the general Consumer Price Indexes for Canada, as published by Statistics Canada; the change is calculated by determining the difference between the average of the monthly indexes for the 12-month period ending on 30 September of the preceding year and the average of the monthly indexes for the same period of the second preceding year.
The adjusted amounts are reduced to the nearest dollar if they contain a fraction of a dollar less than $0.50; they are increased to the nearest dollar if they contain a fraction of a dollar equal to or greater than $0.50.
The Minister publishes the results of the adjustment in the Gazette officielle du Québec before 1 January of each year and, if the Minister considers it appropriate, gives notice by any other means.
MISCELLANEOUS AND TRANSITIONAL
25. Despite subparagraph e of paragraph 1 of section 2, subparagraph c of paragraph 1 of section 4 and section 5, the fees for an application for the issue of an authorization or, simultaneously, of one or more authorizations under section 22, 32 or 48 of the Act for a project involving an industrial establishment having, at the time of the application, 10 or fewer production employees are limited to $1,124.
26. Every application made prior to 1 June 2008 and on which, on that date, no decision had been made by the Minister under the Act or its regulations or, for a project exempt from the environmental impact assessment and review procedure, by the Government under section 31.6 of the Act, remains subject to the fees under the regulations applicable at the time the application is filed, if any, provided that all the information and documents required for the application file under the Act and its regulations had been sent to the Minister before that date.
In the case of an application made prior to 1 June 2008 and on which, on that date, no decision had been made by the Government under section 31.5 or, in the case of a project exempt in part from the environmental impact assessment and review procedure, under section 31.6 of the Act, the fees set out in section 10 are payable for every step of the environmental impact assessment and review procedure referred to in that section that begins on or after that date.
27. Every application for authorization relating to the spreading of fertilizing waste substances certified by the Bureau de normalisation du Québec is exempt from the application of section 2.
28. The fees set out in section 2 for every application for authorization relating to the spreading of fertilizing waste substances for purposes other than agriculture are payable only for the applications filed as of 1 January 2009.
29. The additional fees related to the determination of environmental emission and discharge objectives set out in subparagraphs i and ii of subparagraph e of paragraph 1 of section 2, subparagraphs b and c of paragraph 1 of section 4 and section 5 are payable only for the applications filed as of 1 June 2010.
30. (Omitted).
SCHEDULE I
(ss. 10, 11 and 12)
RATE CLASSES FOR PROJECTS SUBJECT TO THE ENVIRONMENTAL IMPACT ASSESSMENT AND REVIEW PROCEDURE PROVIDED FOR IN DIVISION IV.1 OF CHAPTER I OF THE ACT
Classes of projects Subclasses of projects for Rate classes
for the application the application of the fee ________________________
of the fee schedule schedule
PROJECTS DESCRIBED IN THE
SECTION 2 OF THE
REGULATION RESPECTING
ASSESSMENT AND REVIEW
Paragraph (a)
- construction and √
subsequent operation
of a dam or dike [...]
Paragraph (b)
- program or project √
involving the dredging,
digging, filling,
levelling off or
backfilling [...]
Paragraph (c) Subclasses:
- rerouting or 1. within the same √
diverting of a river watershed - flow diverted
2. towards another watershed √
- flow not diverted to the river
Paragraph (d) Subclasses:
- construction of a port 1. construction of a port or √
or wharf wharf intended for 100 or
more pleasure or fishing craft
- extension of a port or 2. construction of any other √
wharf or modification in port or wharf
the use of a port or
wharf [...]
Paragraph (e) Subclasses:
- construction, 1. more than 1 km but less √
rebuilding or widening, than 2 km
along more than 1 km,
of a road or other 2. 2 km but less than 5 km √
public road network
designed for 4 or more
lanes of traffic [...]
3. 5 km or more √
Paragraph (f)
- construction, √
rebuilding or widening,
of any road or other
road network intended
for forestry, mining
or energy operations
Paragraph (h)
- establishment of a √
marshalling yard or
railway station and
construction of more
than 2 km of railway
Paragraph (i)
- establishment or √
extension of an
airport [...]
Paragraph (j)
First paragraph
- construction of √
installations for
natural gas gasification
or liquefaction and
than 2 km of oil
pipeline in a new
right-of-way [...]
Second paragraph
- construction of a gas √
pipeline more than
2 km in length
Paragraph (k) Subclasses:
- construction or 1. more than 2 km but less √
relocation of an than 5 km
transmission line of
315 kV or more over
a distance of more than
2 km 2. 5 km or more √
- construction or √
relocation of a control
or transformer station
of 315 kV or more
Paragraph (l) Subclasses:
reconstruction and
of a hydroelectric
generating station
or fossil fuel-fired
with a capacity that
exceeds 5 MW
- construction, 1. 10 MW but less than √
reconstruction and 50 MW
subsequent operation of
any other electric power
generating station with
a capacity that exceeds
10 MW, except a nuclear 2. 50 MW or more √
contemplated by
subparagraph m
- subject to the √
provisions of the second
paragraph of section 2,
any increase in the
capacity of a
hydroelectric generating
station [...]
Third paragraph
- addition of a √
turboalternator to a
boiler that had not been
previously used to
produce electric
power [...]
Paragraph (m)
extension of a nuclear
fission or fusion
establishment, of a
plant that manufactures,
processes or reprocesses
nuclear fuel, or of a
disposal or storage site
for radioactive waste
Paragraph (n)
- construction of an √
oil refinery, of a
petrochemical plant, or
of a liquid petroleum
gas fractionating plant
- construction of a plant √
that processes or
synthesizes energy-
producing gas, or of a
plant that processes or
synthesizes coal products
Paragraph (n.1) Subclasses:
- construction of a mill 1. de-inking plant √
within the meaning of the
pulp and paper mills
[...] 2. other pulp and paper mills √
Paragraph (n.2)
- construction of a √
dismembering plant
mill that produces
metals, metal alloys
or metalloids [...]
slaked lime plant
explosives plant
chemical plant [...]
heavy water plant
- construction of an
ore processing
plant for
- metalliferous ore or √
asbestos ore, where the
processing capacity of the
plant is 7,000 metric tons
or more per day
- uranium ore √
- any other ore, where √
the processing capacity
of the plant is 500 metric
tons or more per day
- construction of a metal √
products processing
plant [...]
Paragraph (n.10)
- construction of a mill √
that produces chipboard
from wood fibre [...]
that manufactures vehicles
or aircraft, including
parts for such vehicles
Paragraph (o)
extension of 1 or
more buildings in a
livestock operation [...]
Paragraph (p)
- opening and operation
- a metals mine or an √
asbestos mine that has
a production capacity of
7,000 metric tons or more
- a uranium mine √
- any other mine that √
has a production
capacity of 500 metric
Paragraph (q)
for aerial
pesticide spraying
for non-agricultural
purposes over an area
of 600 ha or more
Paragraph (r)
incineration facility
governed by Chapter
III of the Regulation
respecting the
landfilling and
incineration of residual
materials (chapter Q-2, r. 19),
with a capacity
of 2 metric tons or more
per hour, an increase in
the incinerating capacity
of such a facility or an
alteration to an
increasing its capacity
to 2 metric tons or more
Paragraph (r.1)
incinerator wholly
or partly intended for
within the meaning of
(chapter Q-2, r. 12)
or any alteration aimed
at increasing by more
than 10% the
incinerating capacity
of such an incinerator
Paragraph (s)
- establishment of 1 √
or more reservoirs
with a total storage
capacity of over 10,000
kilolitres intended to
hold a liquid or gaseous
substance [...]
Paragraph (t)
- installation or use of √
facilities used in whole
or in part for the
hazardous materials [...]
Paragraph (u)
or in part for energy
generation or pyrolysis
of residual hazardous
materials [...]
Paragraph (u.1)
engineered landfill
referred to in Division 2
of Chapter II of the
the landfilling and
materials (chapter Q-2, r. 19)
used in whole or
in part for the final
deposit of household
garbage collected by or
for a municipality [...]
extension of a
construction or demolition
waste landfill referred to
in the second paragraph of
section 102 of the
Paragraph (v)
extension of a site
used in whole or in
part for the final
deposit of hazardous
Paragraph (w)
- installation or use √
of facilities used in
whole or in part for
the treatment of
residual hazardous
materials outside
their production
location [...]
Paragraph (x)
deposit of soils
Paragraph (y)
the heat treatment
of soils [...]
M.O. 2008-05-07, Sch. I.
M.O. 2008-05-07, 2008 G.O. 2, 1335
M.O. 2015, 2015 G.O. 2, 1577
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