Land Protection and Rehabilitation Regulation: A Summary

The Land Protection and Rehabilitation Regulation (RPRT) was adopted by the Government of Quebec in 2003 to protect land and regulate its rehabilitation. It was amended in 2007 and again in 2011 following the update of the Environment Quality Act (EQA).

The Land Protection and Rehabilitation Regulation for owners of contaminated land

For owners of contaminated land, the RPRT sets limit values for several contaminants. It also establishes the conditions that contaminated land must meet to be rehabilitated under a simple declaration of compliance. Finally, it regulates certain projects involving the reuse of slightly contaminated soils.

The owner or tenant of land on which contaminated soils have been deposited without permission must have them transported to an authorized site.

The Land Protection and Rehabilitation Regulation for industrial projects

For certain industries, the RPRT sets out the conditions and frequency for characterizing contaminated water.

The RPRT also sets the provisions, conditions and deadlines for issuing notices of cessation of activity for certain industries.

The Land Protection and Rehabilitation Regulation for future land owners and users

The RPRT protects the rights of future owners and users of land located in mixed-use zones.

The Land Protection and Rehabilitation Regulation for the Ministère de l’Environnement

Under the RPRT, Quebec’s Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs (MELCCFP) can require the characterization, and even the rehabilitation, of contaminated land.

Rules for depositing contaminated soils

It is prohibited to deposit, or allow the deposit of, contaminated soils anywhere other than on land where this is permitted by:

• A ministerial authorization in accordance with the EQA
• A declaration of compliance in accordance with the EQA or one of its regulations
• A rehabilitation plan approved by the MELCCFP

Depositing contaminated soils in a wetland or a body of water is strictly prohibited.

Declaration of compliance for the rehabilitation of contaminated land

The declaration of compliance is a procedure introduced by the MELCCFP to speed up file processing and reduce the administrative burden for projects that meet certain conditions.

For the rehabilitation of contaminated land, these conditions are as follows:

• The concentrations of the contaminants present exceed those in Schedule I
• Only rehabilitation by excavation is permitted
• The volume of contaminated soils must be less than 10,000 m³
• An environmental site assessment carried out on the land must show the absence of hazardous residual materials, asbestos, chlorinated volatile organic compounds and measurable immiscible liquids
• No water quality monitoring should be required after the work
• Only the recovery of water accumulating in the excavation is required
• Water recovered during rehabilitation must be discharged to the municipal sewer system or sent to a site authorized by the MELCCFP

Soil analyses must be performed by a laboratory accredited by the MELCCFP.

Filing a declaration of compliance for the rehabilitation of contaminated land

A declaration of compliance form is available on the MELCCFP website. It must be submitted electronically to the Ministère.

The information to be provided includes:

• Identification of the author
• Location and description of the land
• Nature and concentration of the contaminants
• Quantity of soils to be excavated
• Identification of who will carry out the work
• Site where the soils will be sent
• Location where the water will be discharged or transported
• Location where debris from dismantled facilities will be sent
• A work schedule

Any change to the work schedule must be promptly communicated to the MELCCFP.

The declaration of compliance and all documents used to prepare it must be kept for 5 years after the rehabilitation is completed. They must be provided to the MELCCFP within 20 days of a request.

Environmental site assessment

The environmental site assessment report (or characterization study) and the documents used to prepare it must be given to the owner of the treatment or landfill site where soils containing contaminants at concentrations less than or equal to those in Schedule I will be deposited.

Notice of cessation of activity

When you cease an activity such as metal smelting and processing, plastic products manufacturing or chemical manufacturing, among others, the MELCCFP requires you to send it a notice of cessation of activity.

This notice must contain at least the following information:

• Your identification, name and address
• The number and date of the authorization for the activity that has ended
• The address where the activity took place
• The date the activity ended

You must also certify that the information provided is complete and accurate.

Monetary administrative penalties, fines and prison terms

Depending on the nature and seriousness of the offence, monetary administrative penalties and fines ranging from $1,000 to $500,000, as well as prison terms, are provided for individuals who contravene the regulation.

For businesses and other legal persons, monetary administrative penalties and fines ranging from $5,000 to $3,000,000 are provided.

Specialists in environmental site assessment and contaminated land rehabilitation

Avizo Experts-Conseils’ professionals are qualified to carry out environmental site assessments and to supervise the rehabilitation (or decontamination) of contaminated industrial and commercial land.

If you have questions about how the RPRT applies to your situation, or if you would like to have an environmental site assessment carried out, feel free to contact us by phone at 1 800 563-2005 or by clicking the buttons below.