Regulation Respecting the Declaration of Water Withdrawals (RDPE) for Industries and Municipalities

The Government of Quebec introduced the Regulation respecting the declaration of water withdrawals to collect the information needed to protect water resources.

This article summarizes the main sections of the regulation, including:

• Methods for determining the volumes of water withdrawn
• Content of the mandatory declaration of water withdrawals
• Content of the water withdrawal register
• Special conditions applicable to withdrawals in the St. Lawrence River basin
• Monetary administrative penalties and penal sanctions provided for in the regulation

The regulation sets out several exemptions under which declaring water withdrawals and keeping a withdrawal register are not required. See Title I, Chapter I, § 3 for the detailed list of exemptions.

How to assess the volumes of water withdrawn

Two methods can be used to determine the volumes of water withdrawn: measurement with a metering device, or estimation.

Both methods are equally valid, except for withdrawals intended for transfer outside the St. Lawrence River basin, and when a withdrawal site is modified or a new site is built. In these cases, a metering device is required.

Using a metering device to determine the volumes of water withdrawn

Metering devices must be properly maintained and installed near the withdrawal point, in an accessible location to facilitate their use and maintenance. They must be installed in accordance with the manufacturer’s instructions.

Metering devices must be installed away from any other equipment that could affect their readings. They must be located so as to limit the risks of freezing, fire, vandalism and other damage.

Verifying the accuracy of flow meters

Readings must be taken from the metering device every month.

The accuracy of flow meters, water meters and other flow measurement systems must be verified at least every three years. The accuracy of other metering devices must be verified annually.

The regulation recommends using one of the following verification methods:

• The methods described in the ISO standards for flow measurement in open channels or closed conduits;
• The methods described in Booklet 7 of the Guide d’échantillonnage à des fins d’analyses environnementales (Sampling Guide for Environmental Analysis), published by the Centre d’expertise en analyse environnementale du Québec (CEAEQ).

The difference between the volume recorded by the device being verified and the volume obtained with the selected comparison method must be less than 10%.

Devices must be replaced when they are no longer suitable for the task.

If a metering device malfunctions, the volumes reported for that period must be those recorded for the same period the previous year. If this is not possible, or if the malfunction lasts more than three months, an estimation method must be used instead.

Using estimation to determine the volumes of water withdrawn

Estimation methods must be based on measurements taken at the withdrawal site. The frequency of these measurements depends on how much the withdrawal volumes vary.

Water volumes must be estimated every month, with a margin of error of less than 25%. Estimated volumes must be certified by a professional.

The regulation allows the use of one of the following methods:

• The standards for measuring the flow of water or other liquids in open channels or closed conduits published by the International Organization for Standardization (ISO);
• The open-channel flow measurement methods described in Booklet 7 of the Guide d’échantillonnage à des fins d’analyses environnementales, published by the CEAEQ;
• Any other recognized method that provides a similar margin of error.

If the margin of error of the estimated volume exceeds the limit, a different estimation method must be used or a metering device must be installed.

Annual declaration of water withdrawals

If the monthly withdrawal divided by the number of days in the month is equal to or greater than 75,000 litres of water per day, or 379,000 litres of water per day for withdrawals intended for agricultural or fish farming purposes located in the territory covered by the Great Lakes–St. Lawrence River Basin Sustainable Water Resources Agreement, a declaration of withdrawals must be submitted.

The declaration must be submitted to the Ministère de l’Environnement et de la Lutte contre les changements climatiques (MELCC) through the Gestion des prélèvements d’eau (Water Withdrawal Management) online service before March 31 of each year, or within 60 days after withdrawals cease. If internet access is not available, the MELCC can provide a paper form.

Only one declaration must be completed per withdrawer, and all sites connected to the same establishment or the same water supply system must be combined into a single total.

Content of the annual declaration of water withdrawals

The annual declaration must include the withdrawer’s contact information and the georeferenced location of the withdrawal sites.

It must also indicate the industrial activity categories of the North American Industry Classification System (NAICS) associated with the withdrawal. If the water withdrawn is used for several industrial categories, the quantities of water withdrawn for each category must be indicated, in litres or as a percentage of the total.

The person submitting the declaration must certify that the information provided is accurate.

If the declaration covers several withdrawal sites, the name of the lake or watercourse for each site must be indicated, along with the duration of withdrawals in days and whether the source is surface water or groundwater.

When metering equipment is used to determine the volumes of water withdrawn, the declaration must indicate the type of equipment used, the monthly and annual volumes of water withdrawn, a description of any problems that may have affected the measurements, and the number of days on which the equipment malfunctioned.

When an estimation method is used to determine the volumes of water withdrawn, the declaration must indicate the estimation method used, the name and profession of the person who made the estimates, and the total volumes of water withdrawn during the year.

Water withdrawal register

Withdrawers must keep the following information and make it available to the MELCC upon request:

• A description of the withdrawal site, as well as a description and the date of any event that may have affected the accuracy of the measurements.
• When metering equipment is used to determine the volumes of water withdrawn: a description of the metering equipment, the volumes of water measured and the dates on which measurements were taken.
• The dates of any repairs, adjustments and modifications to the metering equipment; the dates and names of the persons who performed the accuracy checks; and the dates and names of the persons who carried out maintenance on the metering equipment.
• A list of equipment malfunction episodes.
• When an estimation method is used to determine the volumes of water withdrawn: a description of the estimation method used, the estimated volumes of water and the dates on which measurements were taken.

Water withdrawals in the St. Lawrence River basin

This section applies to all withdrawals in the St. Lawrence River basin, except withdrawals used to generate hydroelectric power in run-of-river plants, and withdrawals made using a structure designed to retain water, other than a dam, that has no hydraulic connection with groundwater or is not fed by drainage.

Mandatory declaration thresholds are based on nominal withdrawal capacity rather than on the volumes actually withdrawn.

Annual declaration of water withdrawal and transfer activities in the St. Lawrence River basin

Facilities or installations located in the St. Lawrence River basin with a nominal withdrawal capacity equal to or greater than 379,000 litres per day must, in addition to the above, include the following information in their annual declaration of water withdrawals:

• The monthly volumes of water consumed in the St. Lawrence River basin;
• The georeferenced location data of the withdrawal sites;
• The NAICS categories concerned and the volume of water associated with each.

For water transfers outside the basin, the withdrawer must also include in their declaration:

• The volumes of water transferred;
• The georeferenced location data of the places where the transferred water is used.

When the transferred water is intended to supply a municipal water system, the withdrawer must include the following information in their annual declaration:

• The watersheds served by the water system;
• The name of the watercourse into which the waters of the receiving watershed flow;
• The volumes of water discharged or returned to the St. Lawrence River basin;
• The georeferenced location data of the points where the transferred water is discharged or returned.

Monetary administrative penalties and penal sanctions {#penalties}

The regulation provides for monetary administrative penalties ranging from $350 to $1,000 for individuals and from $1,500 to $5,000 for legal persons.

Fines ranging from $2,000 to $500,000 for individuals and from $6,000 to $3,000,000 for legal persons.

References

• https://www.legisquebec.gouv.qc.ca/fr/document/rc/Q-2,%20r.%2014