Hazardous materials

Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs

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Regulation highlights

The main provisions of division VII.1 of the Environment Quality Act

Introduction of a new concept better adapted to contemporary realities: hazardous materials. It will replace the concept of hazardous wastes;
For all hazardous materials, the Minister of Sustainable Development, Environment and Parks will now have regulatory powers allowing him to take preventive action in situations that present a risk to the environment, even where no source of contamination has as yet appeared;
For residual hazardous materials, the Ministère du Développement durable, de l’Environnement et des Parcs requires from producers an annual management report and register;
Centres specializing in management of residual hazardous materials must hold a permit whose granting is subject to all conditions, restrictions or prohibitions determined by the Minister;
Introduction of legal powers enabling the government to adopt the regulations necessary for implementation of the Act, in particular the Hazardous Materials Regulation.

Certain provisions of Division VII.1 of the Environment Quality Act apply to all hazardous materials. This refers in particular to the following:

The definition of a hazardous material (sect. 1, par. 3);
The regulatory powers allowing the Minister to take action if he is of the opinion that a hazardous material is in a situation that could lead to damage to the environment (sect. 70.1 to 70.4);
The power to demand information in respect of a hazardous material (sect. 70.5);
The power to enact regulations governing hazardous materials (sect. 70.19).

Moreover, further provisions of the Act apply only to residual hazardous materials. This refers in particular to the following:

The obligation to keep a register (sect. 70.6);
The obligation to prepare an annual management report (sect. 70.7);
The obligation to obtain authorization to store residual hazardous materials for periods exceeding 12 months (sect. 70.8);
The obligation to hold a permit to operate a hazardous materials elimination site or service (sect. 70.9, par 1);
The obligation to hold a permit to treat, store or use for energy generation purposes hazardous materials that are used, spent or outdated, or that appear on a list or for any other activity determined by regulation (sect. 70.9, par. 2 to 5).