Ministerial Order concerning the fees payable under the Environment Quality Act (c. Q-2, r. 28)

Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] © Éditeur officiel du Québec Updated to 1 October 2014 This document has official status. chapter Q-2, r. 28 Ministerial Order concerning the fees payable under the Environment Quality Act Environment Quality Act (chapter Q-2, s. 31.0.1) The fees prescribed in the Regulation have been indexed as of 1 January 2014 pursuant to the notice published in Part 1 (French) of the Gazette officielle du Québec of 30 November 2013, page 1277. (ss. 2, 3, 4, 5, 6, 7, 8, 10, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25) CHAPTER I GENERAL 1. In this Order, the word “Act” appearing alone means the Environment Quality Act (chapter Q-2). M.O. 2008-05-07, s. 1. CHAPTER II AUTHORIZATIONS DIVISION I 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: $2,765; (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: $2,765; (c) an electric power generating station: $5,531 if the capacity of the generating station is less than 1 MW and $11,061 in any other case; (d) a golf course: $5,531; (e) subject to subparagraph f, an industrial establishment, a quarry, sand pit or mine: $1,659; 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: $1,106; 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: $2,765; (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: $553; Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] (g) a facility that stores or treats biomedical waste or a system that transports such waste: $1,106; (h) the establishment or alteration with increase in capacity of a pulp and paper mill or sawmill residual materials landfill: $5,531; for any other alteration of such a landfill: $2,765; (i) the establishment or alteration with increase in capacity of a snow disposal site: $1,106; for any other alteration of such a site: $553; (j) the establishment or alteration with increase in capacity of a contaminated soil landfill: $5,531; for any other alteration of such a landfill: $2,765; (k) the establishment of a contaminated soil treatment facility: $5,531 in the case of a thermal processing unit and $2,765 in the case of a biological or physico-chemical treatment unit; for any alteration of such a facility: $2,765 in the case of a thermal processing unit or $1,382 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: $5,531; for any other alteration of such a site or station: $2,765; (m) the establishment of an engineered landfill, a construction or demolition waste landfill, or a residual materials incineration facility: $5,531; for an alteration with increase in capacity of such a facility: $2,765; for any other alteration of such a facility: $1,106; (n) the establishment of a residual materials trench landfill: $2,765; for an alteration with increase in capacity of such a landfill: $1,382; for any other alteration of such a landfill: $1,106; or (o) the establishment of a northern landfill or residual materials transfer station: $1,106; for any alteration of such a landfill or station: $553; (2) for any other project not expressly covered by paragraph 1: $553, 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). M.O. 2008-05-07, s. 2. 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 $553 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. M.O. 2008-05-07, s. 3. 4. The fees for an application for authorization under section 32 of the Act are as follows: Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] (1) for a project involving (a) a treatment facility for drinking water supplied by a distribution system that supplies 1,000 persons or more: $1,106; (b) a municipal wastewater treatment facility serving 1,000 persons or more: $2,213; additional fees of $1,659 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: $1,106; additional fees of $2,765 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: $553. M.O. 2008-05-07, s. 4. 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 $1,106. Additional fees of $1,106 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. M.O. 2008-05-07, s. 5. 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 $2,213. M.O. 2008-05-07, s. 6. 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 $553 for the same establishment or the same facility or activity. M.O. 2008-05-07, s. 7. 8. The fees for an application for authorization or modification of authorization for a groundwater catchment project under section 31 of the Groundwater Catchment Regulation (chapter Q-2, r. 6) are as follows: (1) for a groundwater catchment project supplying more than 20 persons and having a capacity of less than 75 m3 per day: $1,659; (2) for a groundwater catchment project having a capacity of 75 m3 but not more than 300 m3 per day or that will increase the capacity to 75 m3 or more per day without exceeding 300 m3: $1,659; (3) for a groundwater catchment project having a capacity of more than 300 m3 per day: $4,423; or (4) for a groundwater catchment project if the water is to be distributed or sold as spring water or mineral water or to be used as an ingredient in the fabrication, conservation or treatment and listed as spring water or mineral water on a product within the meaning of the Food Products Act (chapter P-29) or on the package, container or label of such a product: $3,872. The renewal of the authorizations referred to in section 38 of the Groundwater Catchment Regulation is subject to payment of fees representing 10% of the fees payable under the first paragraph. However, if there is a change in the conditions of operation, the fees payable are those provided for in the first paragraph. M.O. 2008-05-07, s. 8. Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] DIVISION II 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. M.O. 2008-05-07, s. 9. 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 impact assessment and review procedure 1 2 3 4 1. Filing of the project $1,106 $1,106 $1,106 $1,106 notice under section 31.2 of the Act 2. Filing of the impact $4,423 $15,483 $26,544 $37,605 statement under the first paragraph of section 31.3 of the Act 3. Beginning $0 $38,711 $66,361 $94,012 of the public consultation under the third paragraph of section 31.3 of the Act Total $5,529 $55,300 $94,011 $132,723 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. Schedule I sets the rate class applicable for each class or subclass of projects. M.O. 2008-05-07, s. 11. 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. M.O. 2008-05-07, s. 12. 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. Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] M.O. 2008-05-07, s. 13. CHAPTER III DEPOLLUTION ATTESTATIONS 14. The fee for an application for a depollution attestation under section 31.16 of the Act is $9,235. The fee for a reapplication for a new depollution attestation under section 31.28 of the Act is $4,617. M.O. 2008-05-07, s. 14. CHAPTER IV APPROVALS OF THE MINISTER DIVISION I 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: $1,106; (2) where the work or works required under the land rehabilitation plan involve on-site treatment of contaminants: $3,319; (3) where the rehabilitation plan provides that contaminants are to be left in place: $8,848. M.O. 2008-05-07, s. 15. DIVISION II DEPOLLUTION PROGRAM 16. The fee for an application for approval of a depollution program under section 116.2 of the Act is $11,061. M.O. 2008-05-07, s. 16. CHAPTER V 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: $2,765; (2) for any other project not expressly covered by paragraph 1: $553. M.O. 2008-05-07, s. 17. 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: $2,765; (2) for any other project not expressly covered by paragraph 1: $5,531. Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] M.O. 2008-05-07, s. 18. 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: $1,106. M.O. 2008-05-07, s. 19. CHAPTER VI 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: $2,213; (2) to combine 6 to 10 certificates of authorization: $3,319; (3) to combine 11 to 20 certificates of authorization: $4,423; (4) to combine 21 or more certificates of authorization: $5,531. M.O. 2008-05-07, s. 20. CHAPTER VII 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 $276, 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 (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 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). M.O. 2008-05-07, s. 21. 22. The fee for an application under the Act or its regulations for the renewal of a document referred to in this Order Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] is $553, unless a provision of the Order sets a different fee for the application. M.O. 2008-05-07, s. 22. CHAPTER VIII PAYMENT OF FEES 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. M.O. 2008-05-07, s. 23. 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. M.O. 2008-05-07, s. 24. CHAPTER IX 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 $1,106. M.O. 2008-05-07, s. 25. 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. M.O. 2008-05-07, s. 26. 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. Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] M.O. 2008-05-07, s. 27. 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. M.O. 2008-05-07, s. 28. 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. M.O. 2008-05-07, s. 29. 30. (Omitted). M.O. 2008-05-07, s. 30. 31. (Omitted). M.O. 2008-05-07, s. 31. 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 1 2 3 4 PROJECTS DESCRIBED IN THE FIRST PARAGRAPH OF SECTION 2 OF THE REGULATION RESPECTING ENVIRONMENTAL IMPACT 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 to the river 2. towards another watershed √ flow not diverted to the river Paragraph (d) Subclasses: Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] 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, along more than 2 km, 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 construction of more 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 electric power 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 Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] Paragraph (l) Subclasses: First paragraph construction, √ reconstruction and subsequent operation of a hydroelectric generating station or fossil fuel-fired generating station 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 √ generating station contemplated by subparagraph m Second paragraph 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) construction or √ 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 Regulation respecting pulp and paper mills [...] 2. other pulp and paper mills √ Paragraph (n.2) Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] construction of a √ dismembering plant Paragraph (n.3) construction of a √ mill that produces metals, metal alloys or metalloids [...] Paragraph (n.4) construction of a √ cement plant construction of a √ slaked lime plant Paragraph (n.5) construction of an √ explosives plant Paragraph (n.6) construction of a √ chemical plant [...] Paragraph (n.7) construction of a √ heavy water plant Paragraph (n.8) 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 Paragraph (n.9) construction of a metal √ products processing plant [...] Paragraph (n.10) construction of a mill √ that produces chipboard from wood fibre [...] Paragraph (n.11) construction of a plant √ that manufactures vehicles or aircraft, including parts for such vehicles [...] Paragraph (o) construction or √ extension of 1 or Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] more buildings in a livestock operation [...] Paragraph (p) opening and operation of a metals mine or an √ asbestos mine that has a production capacity of 7,000 metric tons or more per day a uranium mine √ any other mine that √ has a production capacity of 500 metric tons or more per day Paragraph (q) program or project √ for aerial pesticide spraying for non-agricultural purposes over an area of 600 ha or more [...] Paragraph (r) construction of an √ 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 incineration facility increasing its capacity to 2 metric tons or more per hour Paragraph (r.1) construction of an √ incinerator wholly or partly intended for biomedical waste within the meaning of section 1 of the Regulation respecting biomedical waste (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) Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] installation or use of √ facilities used in whole or in part for the incineration of residual hazardous materials [...] Paragraph (u) installation or use of √ facilities used in whole or in part for energy generation or pyrolysis of residual hazardous materials [...] Paragraph (u.1) establishment or √ extension of an engineered landfill referred to in Division 2 of Chapter II of the Regulation respecting the landfilling and incineration of residual 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 [...] establishment or √ extension of a construction or demolition waste landfill referred to in the second paragraph of section 102 of the Regulation respecting the landfilling and incineration of residual materials [...] Paragraph (v) establishment or √ extension of a site used in whole or in part for the final deposit of hazardous materials [...] 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) establishment or √ extension of a site used in whole or in part for the final deposit of soils [...] Paragraph (y) installation or use √ of facilities used in whole or in part for the heat treatment of soils [...] Ministerial Order concerning the fees payable under the Environment Quality Act file:///D/HTML/que114853.htm[16.01.2025 10:00:04] M.O. 2008-05-07, Sch. I. REFERENCES M.O. 2008-05-07, 2008 G.O. 2, 1335