REGULATIONS AND POLICY

Canadian PCB Regulations and Policy

Overview | Federal | Ontario | Quebec | Federal-Provincial

General Provisions | Definitions & Thresholds | Hazardous Materials | Permitting | Recordkeeping & Reporting | Gaps

Quebec: General Provisions Applying to PCBs

The Province of Quebec's Environment Quality Act (L.R.Q., c. Q-2; "the Act") provides for a right to a clean and healthy environment. Any person is entitled to enforce this right. When a violation of the Act or regulations occurs, the Act allows for any individual frequenting the area of the alleged violation to seek an injunction from the Quebec Superior Court. This recourse can be used to enforce against illegal storage of PCBs, illegal transport activities and illegal release of PCBs into the environment. In contrast with CEPA 1999 and the Environmental Bill of Rights, the Act requires no preliminary reporting to government or any delay before the recourse may be pursued (see s. 19 of the Act).

Like , the Act imposes (s. 20) a general prohibition on emitting, depositing, issuing or discharging a contaminant into the environment. The prohibition applies in any of three situations, namely where the contaminant is emitted, deposited, etc.:

• in a greater quantity or concentration than allowed by regulation,
• whose presence in the environment is prohibited by regulation, or
• where it is a contaminant that is likely to affect the life, health, safety, welfare or comfort of human beings, to cause damage or otherwise impair soil quality, vegetation, wildlife or property.

There is a similar prohibition in section 8 of the "Regulation respecting hazardous materials" (hereafter "the regulation") against emitting, depositing, discharging or releasing a hazardous material into the environment or into a sewage system, or allowing the same, "unless the operation is made in accordance with the Environment Quality Act."

The Act obliges people to advise the Minister without delay when a contaminant enters the environment accidentally (s. 21).

The Act also sets out generally the obligation to obtain a certificate of authorization for erecting or altering a structure, operating an industry, carrying on an activity or using an industrial process, or increasing the production of any goods or services if it seems likely that this will result in an emission, deposit or discharge as contemplated by s. 20 (s. 22). This general prohibition is subject to some exceptions set out in the Regulation respecting the application of the Environment Quality Act (c. Q-2, r.1.001). These exceptions include, for example, certain forest and wildlife management activities, mining claims and surveys, and work along waterways that is otherwise permitted by a municipality. According to case law, the Minister of Environment has no discretion when issuing a certificate of authorization and is bound by the requirements set out in the regulations.

Section 9 of the regulation includes a similar obligation: any person who releases a hazardous material into the environment is required immediately to stop the spill, inform the Minister and "recover the hazardous material and remove all contaminated material that is not cleaned or treated on site."

The Act also gives the Minister of Environment various powers to order "cessation of an emission," either with fifteen days' notice or for an interim period without notice not exceeding thirty days (see, for example, ss. 25, 26, 70.1 and 70.4).

While the Act gives general requirements for the need to apply for permits and authorization, in the context of PCBs more specific obligations for applicants or holders of such instruments are found in the regulation.