Canada — Quebec Act or statute

Canada — Quebec legislation

Dam Safety Act, 2000

1. The purpose of this Act is to increase the safety of the dams to which the Act applies and thereby protect persons and property against the risks associated with the presence of dams. 2000, c. 9, s. 1.

Source excerpt

administrative authorizationadministrative decisionadministrative decision-makingadministrative monetary penaltiesadministrative ordersadministrative penaltyadministrative reviewappeal procedureappealsapprovalapproval transferapprovalsauthorizationauthorization transfercomplianceconstructionconstruction complianceconstruction permitsconstruction/project remediationcost recoverydam authorizationdam classificationdam compliancedam definitiondam maintenancedam operationdam operationsdam registerdam registrydam regulationdam safetydam safety compliancedam safety regulationdamagesdelegation of authoritydocument submissionemergency planningemergency reportingengineering certificationequipment installationfeesinspectioninspectionsinsuranceinvestigationslegal complianceministerial decision-makingministerial noticeministerial notificationministerial ordersministerial reportingmonetary administrative penaltiesmonetary administrative penaltymonitoringmonitoring compliancenotices of executionordersorders complianceprocedural fairnessprogram administrationproject authorizationpublic disclosurepublic registerpublic registersrecordkeepingregister maintenanceregulatory approvalregulatory authorizationregulatory classificationregulatory complianceregulatory filingregulatory penaltiesregulatory recordkeepingregulatory recordsregulatory reportingregulatory standardsremedial actionremedial measuresremedial measures approvalreportingreservoir capacityrevocationsafety compliancesafety programsafety program approvalsafety programsstatute maintenancestructural alterationsubmission deadlinessuspensionterminationtime limitstribunal reviewtrust fundswater infrastructure compliancewater management planning

Jurisdiction: Canada — Quebec
Structure: 73 provisions
Official identity: Year 2000
Dates: Enacted 2000 · Source version 10 Jun 2026

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Dates: Enacted 2000 · Source version 10 Jun 2026

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Purpose and legislative effect

“1. The purpose of this Act is to increase the safety of the dams to which the Act applies and thereby protect persons and property against the risks associated with the presence of dams. 2000, c. 9, s. 1.”

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Section 1

Section 16

Every high-capacity dam must undergo a safety review by an engineer at intervals and under other conditions set by regulation.

Section 16

Section 32

Section 35.8

This section allows a monetary administrative penalty for certain dam-safety and reporting failures, with higher amounts for non-natural persons.

Section 35.8

Schedule

Chapter 9 of the statutes of 2000 is repealed, except section 50.

Schedule

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Source record from www.legisquebec.gouv.qc.ca · Enacted 2000 · Source version 10 Jun 2026

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Showing 73 of 73 provisions

Provision 58Offence 10Repeal 4Amendment

§ 1Section 1Provision

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Section 1Verify source

§ 2Section 2Provision

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This section defines “dam” and “dam owner” for the Act.

2. For the purposes of this Act, “dam” means any works 1 metre or more in height, constructed across a watercourse or at the outlet of a lake and resulting in the creation of a reservoir. Any other works intended to impound all or part of the water stored in such a reservoir shall be considered to be a dam. In addition, a person holding or operating a dam shall be considered to be a dam owner. 2000, c. 9, s. 2; 2021, c. 7, s. 93.

Section 2Verify source

§ 2.1Section 2.1Provision

Source excerpt

Every dam must be kept in working order so it is unlikely to compromise the safety of persons or property.

2.1. Every dam must be maintained in working order such that it is unlikely to compromise the safety of persons or property. The Government may, by regulation, establish rules with regard to maintaining dams in such working order. 2022, c. 8, s. 141.

Section 2.1Verify source

§ 2.2Section 2.2Provision

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Dams are classified as high-capacity, low-capacity, or small dams based on height, impounding capacity, and which classification rules apply.

2.2. Dams are classified according to whether they belong to the class of high-capacity dams, low-capacity dams or small dams. The following dams are considered to be high-capacity dams: (1) dams 1 metre or more in height having an impounding capacity greater than 1,000,000 m3; and (2) dams 2.5 metres or more in height having an impounding capacity greater than 30,000 m3. Dams 2 metres or more in height to which the second paragraph does not apply are considered to be low-capacity dams. Dams 1 metre or more in height to which the second and third paragraphs do not apply are considered to be small dams. If there are two or more dams on the rim of a single reservoir, all of them belong to the most restrictive class applicable to one of them. 2022, c. 8, s. 141.

Section 2.2Verify source

§ 2.3Section 2.3Provision

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The Minister classifies and reviews dam classifications under government-regulated conditions, must give the owner the prescribed prior notice and at least 15 days to respond, and the owner may contest the decision before the Administrative Tribunal of Québec within 30 days of notification.

2.3. The classification provided for in section 2.2 is effected and reviewed by the Minister in accordance with the conditions determined by government regulation. Before making a decision on the classification of a dam or the revision of that classification, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the owner of the dam and grant the owner at least 15 days to submit observations and documents in support of them. The Minister’s decision may be contested by the owner before the Administrative Tribunal of Québec within 30 days of the decision’s notification. 2022, c. 8, s. 141.

Section 2.3Verify source

§ 3Section 3Provision

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This Act binds the Government, government departments, and bodies that are mandataries of the State.

3. This Act is binding on the Government, on government departments and on bodies that are mandataries of the State. 2000, c. 9, s. 3.

Section 3Verify source

§ 4Section 4Repeal

Source excerpt

Section 4 is repealed.

4. (Repealed). 2000, c. 9, s. 4; 2022, c. 8, s. 142.

Section 4Verify source

§ 5Section 5Provision

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Certain work on a high-capacity dam needs authorization from the Minister of Sustainable Development, Environment and Parks.

5. The construction, structural alteration or removal of any high-capacity dam requires the authorization of the Minister of Sustainable Development, Environment and Parks. The authorization of the Minister is also required for any change in use of a high-capacity dam likely to affect the safety of the works, and for any permanent or temporary stopping of the operation of the dam. 2000, c. 9, s. 5; 2006, c. 3, s. 35.

Section 5Verify source

§ 6Section 6Provision

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A dam promoter or owner must file an authorization application with a notice describing the project, and must include specified supporting documents for a high-capacity dam.

6. An application for authorization must be filed by the promoter or the owner of the dam by way of a notice containing a general description of the project. The following documents must be submitted in support of an application for authorization for the construction or structural alteration of a high-capacity dam: (1) the plans and specifications for the project, prepared by an engineer; (2) a certificate of an engineer stating that the plans and specifications conform to the safety standards prescribed by the Government by regulation. The Government may, by regulation, determine the other information or documents to be submitted with an application for authorization. 2000, c. 9, s. 6.

Section 6Verify source

§ 7Section 7Provision

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Modifications to plans and specifications must be prepared by an engineer, and if they stem from updated studies, calculations, or opinions, they must be submitted to the Minister for approval before the related work starts.

7. Any modification to the plans and specifications must be prepared by an engineer and, if it results from a complete or partial update of studies, calculations or opinions submitted in support of the application for authorization, must be submitted to the Minister for approval before the work concerned by the modification is undertaken. The following documents must be submitted in support of an application for approval: (1) the modified plans and specifications, as well as a consequent update of the information and documents concerned; and (2) a certificate of an engineer stating that the modified plans and specifications conform to the safety standards prescribed by government regulation. The Government may, by regulation, determine the other information or documents that must be submitted with an application for approval. 2000, c. 9, s. 7; 2022, c. 8, s. 143.

Section 7Verify source

§ 8Section 8Provision

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The Minister may require an applicant to provide information, documents, studies, or expert opinions needed to assess an application for authorization or approval.

8. The Minister may require an applicant to submit any information, document, study or expert opinion the Minister considers necessary to the assessment of an application for authorization or an application for approval. 2000, c. 9, s. 8; 2022, c. 8, s. 143.

Section 8Verify source

§ 9Section 9Provision

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When issuing an authorization or approval, the Minister may set a completion deadline for the work and impose other conditions.

9. On issuing an authorization or an approval, the Minister may fix the time within which the work concerned must be completed and prescribe any other condition. 2000, c. 9, s. 9; 2022, c. 8, s. 143.

Section 9Verify source

§ 10Section 10Provision

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After completing authorized work, the owner must notify the Minister and send an engineer’s certificate within 90 days.

10. On completion of the work authorized under section 5, the owner must inform the Minister of the completion of the work and forward to the Minister, not later than 90 days after so informing the Minister, a certificate of an engineer stating that the work has been carried out in conformity with the plans and specifications and, where applicable, with the conditions set out in the authorization and with the modifications approved under section 7. The certificate must also, where applicable, mention the other modifications made to the plans and specifications for which the Minister’s approval was not required in accordance with section 7. 2000, c. 9, s. 10; 2022, c. 8, s. 143.

Section 10Verify source

§ 11Section 11Provision

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A new authorization is required for proposed construction, structural alteration, or removal of a high-capacity dam if the work is not undertaken within two years.

11. A new authorization must be sought for every proposed construction, structural alteration or removal of a high-capacity dam that is not undertaken within two years. 2000, c. 9, s. 11.

Section 11Verify source

§ 12Section 12Provision

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An authorization or approval may be transferred, but the transferee must first give notice to the Minister.

12. Every authorization granted under section 5 or approval granted under section 7 is transferable. However, the transferee is required to first send a notice of transfer to the Minister. Within 30 days of receiving the notice, the Minister may notify to the transferor and transferee a notice of the Minister’s intention to oppose the transfer. If the Minister does not send such a notice within that time, the transfer is deemed to have been completed. The Minister’s notice of intention must grant the transferor and transferee at least 15 days to submit their observations. Within 15 days of receiving the observations or of the expiry of the period for submitting them, the Minister shall notify the Minister’s decision to the transferor and transferee. Once the transfer of an authorization or an approval has been completed, the new holder has the same rights and obligations as the transferor. 2000, c. 9, s. 12; 2022, c. 8, s. 144.

Section 12Verify source

§ 13Section 13Provision

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The Minister must keep a register of authorization and approval applications, record all authorizations and approvals granted, and publish the register information on the department’s website.

13. The Minister shall maintain a register of applications for authorization and approval and shall record all authorizations and approvals granted. The information contained in the register is public information, and the Minister shall publish it on the Minister’s department’s website. 2000, c. 9, s. 13; 2022, c. 8, s. 145.

Section 13Verify source

§ 14Section 14Provision

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High-capacity dams must be classified based on risk to persons and property, and the Minister must keep that classification current.

14. Every high-capacity dam must be classified on the basis of the risk it presents for persons and property. The classification shall be effected and kept current by the Minister according to the conditions and using the methods and parameters determined by the Government by regulation, including dam type, location, dimensions, impounding capacity, age, condition and consequences of dam failure for persons and property. Before making a decision on a dam’s classification, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the owner of the dam and grant the owner at least 15 days to submit observations and documents in support of them. The Minister’s decision as to the classification of a dam may be contested by the owner before the Administrative Tribunal of Québec within 30 days of notification. 2000, c. 9, s. 14; 2022, c. 8, s. 146.

Section 14Verify source

§ 15Section 15Provision

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The Government must determine, by regulation, the safety standards for high-capacity dams, including flood and earthquake resistance standards.

15. The Government shall determine, by regulation, the safety standards applicable to high-capacity dams and, in particular, flood and earthquake resistance standards. 2000, c. 9, s. 15.

Section 15Verify source

§ 16Section 16Provision

Source excerpt

Every high-capacity dam must undergo a safety review by an engineer at intervals and under other conditions set by regulation.

16. Every high-capacity dam must, at the intervals and on the other conditions determined by the Government by regulation, undergo a safety review by an engineer to assess its safety in terms of good practice and regulatory safety standards. The safety review must, in particular, identify any situation liable to compromise the safety of the works and indicate, where applicable, the proposed remedial measures. 2000, c. 9, s. 16.

Section 16Verify source

§ 17Section 17Provision

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A dam owner must submit an outline of proposed remedial measures and an implementation schedule for approval, in addition to the safety review, by the required time.

17. In addition to forwarding the safety review required under section 16 to the Minister within the time fixed by the Government by regulation, the dam owner must forward for approval, within the same time, an outline of the remedial measures the owner intends to take and an implementation schedule. The Minister’s approval may include conditions; the Minister may modify the remedial measures and implementation schedule submitted, or require the owner to submit new remedial measures and a new implementation schedule within the time the Minister fixes. 2000, c. 9, s. 17; 2022, c. 8, s. 147.

Section 17Verify source

§ 17.1Section 17.1Provision

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The Minister must keep a public register of certain remedial-measure applications and implementation schedules, and must publish the register information on the department’s website.

17.1. The Minister shall maintain a register of applications for the approval of outlines of remedial measures and of implementation schedules; the register must also mention any approvals granted. The information contained in the register is public information, and the Minister shall publish it on the Minister’s department’s website. 2022, c. 8, s. 148.

Section 17.1Verify source

§ 18Section 18Provision

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If a dam owner does not have a safety review carried out, implement approved remedial measures, or submit new remedial measures or a new implementation schedule on time, the Minister may do the work instead at the owner’s expense.

18. If the owner of a dam fails to have a safety review carried out as provided in section 16, to implement approved remedial measures in accordance with the implementation schedule, or to submit new remedial measures or a new implementation schedule within the time fixed, the Minister may have the safety review carried out or implement any required remedial measures at the owner’s expense. 2000, c. 9, s. 18.

Section 18Verify source

§ 19Section 19Provision

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Owners must have and keep current required water-management and emergency plans, and keep them available to the Minister.

19. The owner of a high-capacity dam must have an impounded water management plan prepared by an engineer according to the conditions and within the time fixed by the Government by regulation, and must keep the management plan current. In addition, the owner of the works must, in collaboration with the emergency preparedness authorities and in compliance with the conditions and time limits fixed by the Government by regulation, prepare and keep current an emergency action plan. The owner of the works is responsible for ensuring that the plans are applied. The plans must be kept at the Minister’s disposal. Not in force The information contained in the impounded water management plan and in the emergency action plan is public information. The Government shall, by regulation, determine the manner in which the plans are to be made available to the public. 2000, c. 9, s. 19; 2022, c. 8, s. 149.

Section 19Verify source

§ 20Section 20Provision

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High-capacity dams must be monitored and maintained regularly, and the Government may set monitoring conditions by regulation.

20. Every high-capacity dam must be monitored and maintained on a regular basis to ensure the timely detection and correction of any deficiency and to maintain the works in good repair. The Government may, by regulation, determine the conditions applicable to the monitoring of the works, including monitoring frequency and the qualifications required of the persons who perform the monitoring. 2000, c. 9, s. 20; 2022, c. 8, s. 150.

Section 20Verify source

§ 21Section 21Provision

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A register must be established and kept current for every high-capacity dam, and it must be available for inspection by the Minister.

21. A register for every high-capacity dam must be established, and kept current, in which the results of the observations and monitoring performed under section 20 and all other information as may be required by the Government by regulation are recorded. The register for the dam must remain available for inspection by the Minister. 2000, c. 9, s. 21.

Section 21Verify source

§ 22Section 22Provision

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If a situation may compromise the safety of a high-capacity dam, the dam owner must act without delay to remedy it and notify the Minister; if persons or property are threatened, the emergency preparedness authorities must also be informed.

22. In the event of a situation that may compromise the safety of a high-capacity dam, the dam owner must, without delay, take the necessary steps to remedy the situation; the dam owner must also, without delay, inform the Minister and, if there is a threat to persons or property, the emergency preparedness authorities. 2000, c. 9, s. 22.

Section 22Verify source

§ 22.1Section 22.1Provision

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The Government may, by regulation, exempt certain high-capacity dams from provisions of this division when the stated conditions are met.

22.1. In the cases and on the conditions it determines, the Government may, by regulation, exempt from any provision of this division any set of high-capacity dams that have the common characteristics that the Government determines. In exercising its power, the Government takes in particular into consideration the classification parameters for high-capacity dams determined by regulation in compliance with the second paragraph of section 14. 2022, c. 8, s. 151.

Section 22.1Verify source

§ 23Section 23Provision

Source excerpt

An owner may submit a high-capacity dam safety program to the Minister for approval, and the Minister must approve it if the safety level test is met.

23. An owner may, in respect of a high-capacity dam, submit a safety program to the Minister for approval that, if approved, will replace the regulatory standards prescribed pursuant to this Act and indicated in the program, other than the safety standards referred to in section 15. The Minister shall approve the program submitted by the owner, with or without conditions, if the owner shows that the resulting level of safety under the program is equal to or greater than the level of safety that would be achieved through compliance with the regulatory standards. The Minister may also approve any safety program modification submitted by the owner that meets the requirements of this section. No safety program may be established for a period exceeding five years. 2000, c. 9, s. 23; 2022, c. 8, s. 152.

Section 23Verify source

§ 24Section 24Provision

Source excerpt

The Government may make regulations setting the conditions for approval of a safety program and its minimum content.

24. The Government may, by regulation, prescribe the conditions subject to which a safety program may be approved and determine the minimal content of a safety program. 2000, c. 9, s. 24.

Section 24Verify source

§ 25Section 25Provision

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A safety program may be terminated in the manner specified in the program.

25. A safety program may be terminated in the manner specified in the program. 2000, c. 9, s. 25; 2022, c. 8, s. 153.

Section 25Verify source

§ 26Section 26Provision

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A person is not in contravention if they comply with the corresponding provisions of a safety program approved by the Minister.

26. A person does not contravene the regulatory provisions indicated in a safety program approved by the Minister if the person complies with the corresponding provisions of the program. 2000, c. 9, s. 26.

Section 26Verify source

§ 27Section 27Provision

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The Minister must keep a public register of approved programs and update it when a program is renewed, modified, or ends early.

27. The Minister shall maintain a register of approved programs containing the name and address of the beneficiaries of the programs, the designation of the dams involved, the regulatory provisions concerned and the contents of the approved substitutions. Where a program has been renewed or modified, or terminated before its expiry, the Minister shall make a mention to that effect in the register. The information contained in the register is public information. 2000, c. 9, s. 27.

Section 27Verify source

§ 28Section 28Repeal

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Section 28 is repealed.

28. (Repealed). 2000, c. 9, s. 28; 2022, c. 8, s. 154.

Section 28Verify source

§ 29Section 29Provision

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A promoter or owner of a low-capacity dam must file a declaration with the Minister when applying for authorization or, if an environmental assessment applies, when giving the required notice.

29. The construction, structural alteration or removal of any low-capacity dam must be declared. The declaration must be filed with the Minister by the promoter or owner of the dam at the same time as an application for authorization under section 22 of the Environment Quality Act (chapter Q-2), or a notice required under section 31.2 of that Act if the project is subject to an environmental assessment. The Government shall, by regulation, determine the information to be contained in and the documents to be submitted with the declaration. 2000, c. 9, s. 29.

Section 29Verify source

§ 30Section 30Provision

Source excerpt

The Minister may require the person filing the declaration to provide additional information or expert material needed to assess the safety of the works or project.

30. The Minister may require the person filing the declaration to submit any information, document, study or additional expert opinion the Minister considers necessary to assess the safety of the works or project. 2000, c. 9, s. 30.

Section 30Verify source

§ 31Section 31Provision

Source excerpt

The Minister must maintain a register of all dams, and dam owners must tell the Minister that the works exist.

31. The Minister shall establish and keep current a register of all dams. For that purpose, every owner of a dam is required to inform the Minister of the existence of the works. The Government shall, by regulation, prescribe the information to be recorded in the register, including the location, characteristics and classification of the dams, the documents it must contain and the conditions and time limits to be respected by the owners of the works in forwarding the information or documents to the Minister. The information or documents contained in the register are public. The Government shall, by regulation, determine the manner in which the register is to be made available to the public. The regulation shall also prescribe the procedure for the forwarding, to the local municipalities, regional county municipalities, urban communities or the Kativik Regional Government, of any information or document contained in the register concerning a dam situated in their territory. 2000, c. 9, s. 31; 2022, c. 8, s. 156.

Section 31Verify source

§ 32Section 32Provision

Source excerpt

32. The provisions of Chapter II of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to the inspections and investigations conducted and to the notices of execution that are notified for the purposes of this Act or the regulations. 2000, c. 9, s. 32; 2022, c. 8, s. 157.

Section 32Verify source

§ 33Section 33Provision

Source excerpt

The Minister may order the dam owner to carry out specified tests or verification, install specified devices or apparatus within a set time, and report on the dam’s construction or operation with required information or documents.

33. The Minister may, for the purpose of assessing the safety of a dam, order the owner of the works to carry out any test, survey, testing or verification the Minister specifies. The Minister may also, for the same purpose, order the owner to install, within the time specified, any device or apparatus the Minister indicates. Furthermore, the Minister may require the owner to report, in the form and within the time the Minister determines, on any aspect of the construction or operation of the dam and to submit the report with any information or document required. 2000, c. 9, s. 33.

Section 33Verify source

§ 33.1Section 33.1Provision

Source excerpt

If a person fails to comply with certain Act, regulatory, authorization, order, or safety-program requirements, the Minister may order remedial measures.

33.1. If a person does not comply with a provision of this Act or the regulations, with an authorization or approval granted or order issued under this Act or with a safety program approved under this Act, in particular by doing work or erecting structures or works in contravention of those provisions, or of the authorization, approval, order or safety program, the Minister may, on the conditions the Minister determines, order the person to remedy the situation by doing one or more of the following: (1) put a stop to the project; (2) demolish all or part of the work, structures or works concerned; (3) restore all or part of the premises to the state they were in before the work or other activities began or the structures or works were erected, or to a state approaching their original state; or (4) take any other measure the Minister considers necessary to remedy the situation. 2022, c. 8, s. 158.

Section 33.1Verify source

§ 34Section 34Provision

Source excerpt

If the Minister thinks a dam does not adequately protect people or property, the Minister may order the owner to take appropriate measures, including lowering the impounded water level or removing the works.

34. Where the Minister is of the opinion that a dam does not sufficiently ensure the safety of persons or the protection of property, the Minister may order the owner of the works to take any measure the Minister considers appropriate, including the lowering of the impounded water level or the removal of the works. 2000, c. 9, s. 34.

Section 34Verify source

§ 34.1Section 34.1Provision

Source excerpt

Before making certain orders, the Minister must give prior notice and at least 15 days for the person concerned to submit observations and supporting documents.

34.1. Before making an order under section 33, 33.1 or 34, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the person concerned and grant that person at least 15 days to submit observations and documents in support of them. Despite the first paragraph, the Minister may issue an order without first notifying the prior notice if the order is made in urgent circumstances or to prevent serious or irreparable injury or damage to persons or property. In such a case, the person on whom the order is served may, within the time the Minister specifies, submit observations to the Minister for a review of the Minister’s decision. 2022, c. 8, s. 159.

Section 34.1Verify source

§ 34.2Section 34.2Provision

Source excerpt

A person concerned may contest a Minister’s order before the Administrative Tribunal of Québec within 30 days after notification.

34.2. Any order issued by the Minister may be contested by the person concerned before the Administrative Tribunal of Québec, within 30 days of the order’s notification. The proceeding brought before the Tribunal does not suspend the execution of the order unless, upon a motion heard and judged on an urgent basis, a member of the Tribunal orders otherwise by reason of urgency or of the risk of serious and irreparable injury or damage. If the Tribunal issues such an order, the proceeding shall be heard and judged on an urgent basis. 2022, c. 8, s. 159.

Section 34.2Verify source

§ 34.3Section 34.3Provision

Source excerpt

The Minister may delegate order-making power under section 34 to a designated person, except the power to order demolition of a work.

34.3. The Minister may delegate the power to make an order under section 34, except the power to order the demolition of a work, to any person the Minister designates. However, that person may not make an order unless of the opinion that the situation poses a risk of serious or irreparable injury or damage to persons or property. The order is valid for a period of not more than 90 days. Any order following such an order may be made only by the Minister. Any order made under this section is deemed to have been made by the Minister for the purposes of this Act. 2022, c. 8, s. 159.

Section 34.3Verify source

§ 34.4Section 34.4Provision

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The Minister may claim the direct and indirect costs of issuing an order from the person to whom the order applies.

34.4. The Minister may claim the direct and indirect costs of issuing an order from any person to whom the order applies. If the order is contested before the Administrative Tribunal of Québec, the Minister’s claim is suspended until the Tribunal confirms all or part of the order. 2022, c. 8, s. 159.

Section 34.4Verify source

§ 34.5Section 34.5Provision

Source excerpt

If an order is not complied with, the Minister may have it carried out or take remedial measures at the owner’s expense.

34.5. In the event of non-compliance with an order, the Minister may cause the order to be carried out or the appropriate remedial measures to be taken at the owner’s expense. The Minister may recover the cost, with interest and other costs, in particular by claiming the security or guarantee furnished by the owner who has failed to comply. 2022, c. 8, s. 159.

Section 34.5Verify source

§ 34.6Section 34.6Provision

Source excerpt

The Minister must keep a register of orders and related prior notices, and publish the register information on the department’s website.

34.6. The Minister shall maintain a register of orders made and of notices prior to such orders issued under this Act. The information contained in the register is public information and the Minister shall publish the information on the Minister’s department’s website. 2022, c. 8, s. 159.

Section 34.6Verify source

§ 35Section 35Provision

Source excerpt

The Minister may apply to a Superior Court judge for authority to take measures, including remedial work or immediate removal of a dam, when the dam may endanger persons or property and the owner is unknown or cannot be found.

35. The Minister may, where a dam is likely to compromise the safety of persons or property and its owner is unknown, cannot be found or cannot be ascertained, apply to a judge of the Superior Court to authorize the Minister to take any measure the Minister considers appropriate, including the performance of remedial work, or the immediate removal of the dam, with the cost claimed, with interest and other costs, from the owner if the Minister ever comes to ascertain or find the owner. The judge may also authorize the Minister to transfer ownership of the dam to any other person or partnership. 2000, c. 9, s. 35; I.N. 2016-01-01 (NCCP); 2022, c. 8, s. 159.

Section 35Verify source

§ 35.1Section 35.1Provision

Source excerpt

The Minister may refuse, suspend, revoke, or terminate authorizations, approvals, or a safety program in specified cases.

35.1. The Minister may refuse to grant an authorization or to give an approval required by this Act to any person who (1) fails to comply with the obligations incumbent on the person under the Act or the regulations; or (2) has made false or misleading statements to the Minister. The Minister may also, for the same reasons, suspend or revoke an authorization or approval. In the case of a safety program, the Minister may terminate it before its expiry if, in addition to the reasons referred to in the first paragraph, the owner no longer meets the conditions for approval of the program. 2022, c. 8, s. 159.

Section 35.1Verify source

§ 35.2Section 35.2Provision

Source excerpt

The Minister may, on the Minister’s own initiative, modify, suspend, or revoke an authorization or approval to ensure the safety of the dam concerned.

35.2. The Minister may, on the Minister’s own initiative, modify, suspend or revoke an authorization or approval to ensure the safety of the dam concerned. 2022, c. 8, s. 159.

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§ 35.3Section 35.3Provision

Source excerpt

The Minister must give prior notice and at least 15 days for observations and supporting documents before certain authorization or decision actions, unless an urgent exception applies.

35.3. Before unilaterally including conditions in an authorization or approval under section 9, 17 or 23, or making a decision pursuant to section 35.1 or 35.2, the Minister must notify the prior notice prescribed by section 5 of the Act respecting administrative justice (chapter J-3) to the person and grant that person at least 15 days to submit observations and produce documents in support of them. A decision referred to in section 35.2 may be made without first notifying the prior notice if it is made in urgent circumstances or to prevent serious or irreparable injury or damage to persons or property. In such a case, the applicant may, within the time the Minister specifies, submit observations to the Minister for a review of the Minister’s decision. 2022, c. 8, s. 159.

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§ 35.4Section 35.4Provision

Source excerpt

A person concerned may contest certain decisions or objections before the Administrative Tribunal of Québec within 30 days of notification.

35.4. Any decision referred to in section 35.3 as well as any opposition to the transfer of an authorization or an approval provided for in section 12 may, within 30 days of its notification, be contested by the person concerned before the Administrative Tribunal of Québec. The proceeding brought before the Tribunal does not suspend the execution of the decision unless, upon a motion heard and judged on an urgent basis, a member of the Tribunal orders otherwise by reason of urgency or of the risk of serious and irreparable injury. If the Tribunal issues such an order, the proceeding shall be heard and judged on an urgent basis. 2022, c. 8, s. 159.

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§ 35.5Section 35.5Offence

Source excerpt

A monetary administrative penalty of $250 for a natural person, and $1,000 otherwise, may be imposed for certain failures to file or provide information, and on high-capacity dam owners who fail to create, update, or make available the required register.

35.5. A monetary administrative penalty of $250 in the case of a natural person and $1,000 in any other case may be imposed (1) on any person who, in contravention of a provision of this Act, fails to submit a document, review or expert evaluation or to provide information or fails to do so in the prescribed time, if no other monetary administrative penalty is provided for such a failure by this Act or any of the regulations; and (2) on any high-capacity dam owner who, in contravention of section 21, fails to establish the required register, fails to keep it current or fails to keep it at the disposal of the Minister. 2022, c. 8, s. 159.

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§ 35.6Section 35.6Offence

Source excerpt

A high-capacity dam owner may be subject to a monetary administrative penalty for failing to keep required water-management and emergency plans available to the Minister, or for not following monitoring conditions.

35.6. A monetary administrative penalty of $500 in the case of a natural person and $2,500 in any other case may be imposed on any high-capacity dam owner who, (1) in contravention of section 19, (a) fails to have an impounded water management plan prepared or updated by an engineer for the works or fails to keep it at the Minister’s disposal; or (b) fails to prepare or update an emergency action plan for the works or fails to keep it at the disposal of the Minister; or (2) in contravention of section 20, fails to comply with the conditions applicable to the monitoring of the works. 2022, c. 8, s. 159.

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§ 35.7Section 35.7Offence

Source excerpt

This section allows a monetary administrative penalty for specified dam and authorization compliance failures.

35.7. A monetary administrative penalty of $750 in the case of a natural person and $3,500 in any other case may be imposed (1) on anyone who, in contravention of section 7, fails to have the Minister approve any modification to the plans and specifications that results from a complete or partial update of studies, calculations or opinions submitted in support of an application for authorization; (2) on any high-capacity dam owner who, (a) in contravention of section 10, fails to inform the Minister that the work is completed or fails to forward the required documents within the time prescribed; or (b) fails to comply with the conditions for the approval of the owner’s safety program; and (3) on any holder of an authorization or of an approval, other than an approval relating to a safety program, who fails to comply with its conditions. 2022, c. 8, s. 159.

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§ 35.8Section 35.8Offence

Source excerpt

This section allows a monetary administrative penalty for certain dam-safety and reporting failures, with higher amounts for non-natural persons.

35.8. A monetary administrative penalty of $1,000 in the case of a natural person and $5,000 in any other case may be imposed (1) on any dam owner who, in contravention of the first paragraph of section 2.1, fails to maintain the dam in working order such that it is unlikely to compromise the safety of persons or property; (2) on any promoter or owner of a dam who (a) provides the Minister with erroneous information or an incomplete document for the purposes of this Act or the regulations; (b) carries out a project referred to in section 5 without having obtained the authorization to do so or, in the cases provided for in section 11, without having obtained a new authorization; (c) carries out a project under section 29 without having filed the required declaration with the Minister; and (3) on any high-capacity dam owner who, (a) in contravention of section 17, fails to forward to the Minister the safety review or fails to forward to the Minister an outline of the remedial measures the owner intends to take or the implementation schedule; or (b) in any situation liable to compromise the safety of the dam, i. fails to inform the Minister of the situation; or ii. where there is a threat to persons or property, fails to inform the civil protection authorities. 2022, c. 8, s. 159.

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§ 35.9Section 35.9Offence

Source excerpt

This section allows a monetary administrative penalty for certain dam-safety and compliance violations.

35.9. A monetary administrative penalty of $2,000 in the case of a natural person and $10,000 in any other case may be imposed (1) on any high-capacity dam owner who, in any situation liable to compromise the safety of the dam, fails to immediately take the measures necessary to remedy the situation; and (2) on anyone who (a) carries out a project referred to in section 5 although the Minister refused to grant the authorization to do so or suspended or revoked such an authorization; or (b) fails to comply with an order imposed under this Act or, in any manner whatsoever, prevents the carrying out of such an order. 2022, c. 8, s. 159.

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§ 35.10Section 35.10Offence

Source excerpt

Chapter III provisions apply to monetary administrative penalties imposed on persons who fail to comply with this Act or the regulations.

35.10. The provisions of Chapter III of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to the imposition of a monetary administrative penalty on a person who fails to comply with a provision of this Act or the regulations. 2022, c. 8, s. 159.

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§ 36Section 36Repeal

Source excerpt

The Government may make regulations about dam-related calculation methods, insurance or security, trust funds, forms, fees, payment terms, and decision deadlines.

36. In addition to the other regulatory powers provided for in this Act, the Government may make regulations (1) determining the methods and criteria to be used to calculate the height of a dam and the impounding capacity; (2) requiring, in the cases, on the conditions and within the time it determines, liability insurance to be contracted or security or a guarantee to be furnished, and determining the extent, term, amount and other conditions applicable thereto; (3) prescribing, in the cases, on the conditions and within the time it determines, the creation of a special trust fund to cover the costs generated by the maintenance or, where applicable, the removal of the works, where the operation of a dam is stopped temporarily or permanently, and in particular the rules governing the financing and administration of the trust fund and the conditions applicable to the payment of sums out of the trust fund; (3.1) prescribing, in the cases it determines, the use of forms made available by the Minister; (4) fixing the file processing fees payable by any person filing a declaration or applying for an authorization or approval or for the renewal or modification of an authorization or approval, or the method and criteria to be used to calculate the fees, and determining the terms and conditions of payment; (5) determining the annual fees payable to the Minister by dam owners to cover the costs incurred in the administration of this Act and the regulations, or the method and criteria to be used to calculate the fees, and determining the terms and conditions of payment; (6) prescribing the time within which the Minister must make a decision pursuant to section 5, 7, 17 or 23; (7) (subparagraph repealed). The regulations may make mandatory any standards, methods or technical procedures established by another government or by a body responsible for establishing them and prescribe that in such a case, references to the texts containing them are references to those texts as subsequently amended. 2000, c. 9, s. 36; 2022, c. 8, s. 160.

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§ 37Section 37Provision

Source excerpt

The Government’s regulatory provisions may vary by dam class, certain section 14 parameters, or dam-owner class, and may set conditions and time limits for applying the provisions to existing works.

37. The regulatory provisions made by the Government pursuant to this Act may vary according to the classes of dams, any of the parameters mentioned in the second paragraph of section 14 or the classes of dam owners that may otherwise be established by the provisions, and specify the conditions in which and time limits within which the provisions may be applied to existing works. 2000, c. 9, s. 37.

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§ 38Section 38Offence

Source excerpt

This section makes certain failures an offence and sets fines.

38. The following are liable to a fine of not less than $1,000 nor more than $100,000 in the case of a natural person, and not less than $3,000 nor more than $600,000 in any other case: (1) anyone who, in contravention of a provision of this Act, fails to submit information, or a document, review or expert evaluation or fails to do so in the prescribed time, if no other penalty is provided for such an offence, and (2) any high-capacity dam owner who, in contravention of section 21, fails to establish the required register, fails to keep it current or fails to keep it at the disposal of the Minister. 2000, c. 9, s. 38; 2022, c. 8, s. 161.

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§ 39Section 39Provision

Source excerpt

A high-capacity dam owner who breaches the referenced plan, access, or monitoring requirements is liable to a fine.

39. Any high-capacity dam owner who, (1) in contravention of section 19, (a) fails to have an impounded water management plan prepared or updated by an engineer for the dam or fails to keep it at the disposal of the Minister; or (b) fails to prepare or update an emergency action plan for the dam or fails to keep it at the disposal of the Minister; or (2) in contravention of section 20, fails to comply with the conditions applicable to the monitoring of the works; is liable to a fine of not less than $2,500 nor more than $250,000 in the case of a natural person and not less than $7,500 nor more than $1,500,000 in any other case. 2000, c. 9, s. 39; 2022, c. 8, s. 161.

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§ 40Section 40Provision

Source excerpt

This section sets fines for several dam-safety compliance failures, including not getting Ministerial approval for certain plan changes, not giving required notices or documents, and not complying with approval conditions.

40. The following are liable to a fine of not less than $4,000 nor more than $250,000 in the case of a natural person and not less than $12,000 nor more than $1,500,000 in any other case: (1) anyone who, in contravention of section 7, fails to have the Minister approve any modification to the plans and specifications that results from a complete or partial update of studies, calculations or opinions submitted in support of an application for authorization; (2) any high-capacity dam owner who, (a) in contravention of section 10, fails to inform the Minister of the completion of the work or fails to forward the required documents to the Minister within the time prescribed; or (b) fails to comply with the conditions for the approval of the owner’s safety program; and (3) any holder of an authorization or of an approval, other than an approval relating to a safety program, who fails to comply with its conditions. 2000, c. 9, s. 40; 2022, c. 8, s. 161.

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§ 41Section 41Offence

Source excerpt

This section sets fines and possible imprisonment for several dam-related offences, including failing to maintain a dam, doing projects without authorization, giving false or misleading information, failing to send required material or notices to the Minister, and failing to file a required declaration.

41. The following are liable, in the case of a natural person, to a fine of not less than $5,000 nor more than $500,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of 18 months, or to both the fine and imprisonment, and in any other case to a fine of not less than $15,000 nor more than $3,000,000: (1) any dam owner who, in contravention of the first paragraph of section 2.1, fails to maintain the dam in working order such that it is unlikely to compromise the safety of persons or property; (2) anyone who (a) carries out a project referred to in section 5 without having obtained the authorization to do so or, in the cases provided for in section 11, without having obtained a new authorization; or (b) provides information that is false or misleading for the purposes of this Act or the regulations; (3) any high-capacity dam owner who, (a) in contravention of section 17, fails to forward to the Minister the safety review or fails to forward to the Minister an outline of the remedial measures the owner intends to take or the implementation schedule; or (b) in any situation liable to compromise the safety of the dam, i. fails to inform the Minister of the situation; or ii. where there is a threat to persons or property, fails to inform the civil protection authorities; and (4) any promoter or owner of a dam who carries out a project referred to in section 29 without having filed the required declaration with the Minister. 2000, c. 9, s. 41; 2022, c. 8, s. 161.

Section 41Verify source

§ 42Section 42Offence

Source excerpt

Section 42 sets penalties for dam-safety and order-compliance offences, including fines and, for natural persons, possible imprisonment.

42. The following are liable, in the case of a natural person, to a fine of not less than $10,000 nor more than $1,000,000 or, despite article 231 of the Code of Penal Procedure (chapter C-25.1), to a maximum term of imprisonment of three years, or to both the fine and imprisonment, and in any other case to a fine of not less than $30,000 nor more than $6,000,000: (1) any high-capacity dam owner who, in any situation liable to compromise the safety of the dam, fails to immediately take the measures necessary to remedy the situation; and (2) anyone who (a) carries out a project referred to in section 5 although the Minister refused to grant the authorization required to do so or suspended or revoked such an authorization; or (b) fails to comply with an order imposed under this Act or, in any manner whatsoever, prevents the carrying out of such an order. 2000, c. 9, s. 42; 2022, c. 8, s. 161.

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§ 43Section 43Offence

Source excerpt

The maximum penalties in section 42 apply to certain offences in sections 38 to 42 when the harm or damage to persons or property is serious enough to justify heavier penalties.

43. The maximum penalties prescribed in section 42 apply to an offence described in sections 38 to 42 if the harm or damage caused by the offence to the safety of persons or property is sufficiently serious to justify heavier penalties. 2000, c. 9, s. 43; 2022, c. 8, s. 161.

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§ 44Section 44Provision

Source excerpt

44. The provisions of Chapter V of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to this chapter and to the penal provisions provided by regulation. 2000, c.

Section 44Verify source

§ 45Section 45Provision

Source excerpt

Section 45 is marked as replaced.

45. (Replaced). 2000, c. 9, s. 45; 2022, c. 8, s. 161.

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§ 46Section 46Provision

Source excerpt

46. The provisions of Chapter VI of the Act respecting certain measures enabling the enforcement of environmental and dam safety legislation (chapter M-11.6) apply to claims made by the Minister for the recovery of amounts owed to the Minister for the purposes of this Act or the regulations. 2000, c. 9, s. 46; 2010, c. 31, s. 175; 2022, c. 8, s. 162.

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§ 47Section 47Provision

Source excerpt

This section says the Act’s provisions apply to any dam governed by a special Act and override any inconsistent provision in that special Act.

47. The provisions of this Act are public policy; they therefore apply to any dam governed by a special Act and prevail over any inconsistent provision of such an Act. 2000, c. 9, s. 47.

Section 47Verify source

§ 48Section 48Amendment

Source excerpt

This section says the amendment is integrated into c. J-3, Schedule III.

48. (Amendment integrated into c. J-3, Schedule III). 2000, c. 9, s. 48.

Section 48Verify source

§ 49Section 49Provision

Source excerpt

The Minister of Sustainable Development, Environment and Parks is responsible for administering this Act.

49. The Minister of Sustainable Development, Environment and Parks is responsible for the administration of this Act. 2000, c. 9, s. 49; 2006, c. 3, s. 35.

Section 49Verify source

§ 50Section 50Provision

Source excerpt

50. (Omitted). 2000, c. 9, s. 50.

Section 50Verify source

§ —ScheduleRepeal

Source excerpt

Chapter 9 of the statutes of 2000 is repealed, except section 50.

In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 9 of the statutes of 2000, in force on 1 April 2003, is repealed, except section 50, effective from the coming into force of chapter S-3.1.01 of the Revised Statutes.

ScheduleVerify source

Legislative relationships

6 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

5 instruments

Chapter II of the Act
Section 32
Chapter III of the Act
Section 35.10
Chapter V of the Act
Section 44
Chapter VI of the Act
Section 46
Environment Quality Act
Section 29

N–S

1 instrument

State. 3. This Act
Section 3

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Dam Safety Act, 2000

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