Publications
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Environmental obligations: directors and officers, you may have more responsibilities than you think
In general, the directors and officers of a legal person have obligations and responsibilities relating to the legal person’s activities. Each director must act with prudence, diligence, honesty, loyalty and in the legal person’s interest.1 Each officer is responsible for representing the legal (…)
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Single-Use Plastics Prohibition Regulations: Impact on Businesses
On June 20, 2022, the federal government registered regulations that, as the name implies, prohibit (or restrict, in some cases) the manufacture, import and sale of certain single-use plastics that pose a threat to the environment. The Regulations will come into force on December 20, 2022, with the (…)
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Once Upon a Time in the West: Redwater, its Trustee, and the Environmental Arm of the Law
In a decision handed down on January 31, 2019, the Supreme Court ordered that a bankrupt oil and gas company fulfil its obligation to reclaim abandoned oil wells before paying any creditors. This decision has since sparked conflicting reactions across the country: first, because it gives clear (…)
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New environmental authorization scheme: how does this affect mining companies?
A new environmental authorization scheme, which is intended to be a simplified version, was implemented under the Environmental Quality Act (“EQA”) and has been in effect since March 23, 2018. How does this new scheme affect mining companies? Is the authorization scheme truly simplified? What about (…)
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Legislative amendments regarding conservation of wetlands and bodies of water: troubled waters for developers?
Bill 132 respecting the conservation of wetlands and bodies of water, passed unanimously by the National Assembly on June 16th of this year, is in keeping with the context of a significant modernization of environmental laws in Québec. Most of its provisions come into force immediately. Described (…)
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Artificial Intelligence and the 2017 Canadian Budget: is your business ready?
The March 22, 2017 Budget of the Government of Canada, through its “Innovation and Skills Plan” (http://www.budget.gc.ca/2017/docs/plan/budget-2017-en.pdf) mentions that Canadian academic and research leadership in artificial intelligence will be translated into a more innovative economy and (…)
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Real estate developer granted injunction in dispute over flooding caused by new highway interchange
In June 2015, the Superior Court of Québec sided with a real estate developer who applied for an order requiring the Quebec Ministry of Transport (MOT) to fix a highway interchange whose construction in 2007 caused the developer’s land to be flooded 1. This article summarizes the court’s principal (…)
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Directors’ Liability
CONTENTS Directors’ liability for payroll withholding taxes Due diligence: An evolving standard To what risks of liability or being found guilty are directors exposed? Environmental liability of directors and officers Directors’ liability for payroll withholding taxes Luc Pariseau and Audrey (…)
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Site contamination: Claims for latent defects - Notice and prescription
On what grounds may a landowner who discovers soil contamination caused by an old heating oil tank sue the former owner of the property? In this bulletin we examine whether the warranty against latent defects found at Article 1726 of the Civil Code of Québec can be invoked to have the sale annulled (…)
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Legal newsletter for business entrepreneurs and executives, Number 24
SUMMARY The sale of a business Getting ready to sell your business : Environmental issues The sale of a business Valérie Boucher and Catherine Méthot During its existence, a business can be subject to one or more sales, both through the sale of its shares or its assets. Although each (…)
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Vapour intrusion
In the United States, new rules will soon be taking effect making consideration of vapour intrusion risk a mandatory step in the Phase I environmental site assessment (ESA) process. Companies should review their real estate portfolios and consider whether properties may be at risk. In Canada, (…)
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Hiding environmental reports: a risky business!
A recent decision of the Ontario Court of Appeal clearly illustrates the kinds of problems caused by site contamination at a shopping centre. The case should be of interest to anyone who works on commercial transactions. If there is something to be learned from this story, it is that you need to (…)
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Supreme Court of Canada Ruling in Tsilhqot’in: Aboriginal Title and the Common Law
On June 26, 2014, the Supreme Court of Canada rendered a decision confirming aboriginal title to approximately five percent of the Tsilhqot’in First Nation’s traditional territory in British Columbia. This decision is very significant because it marks the first time a ruling defines aboriginal title (…)
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January 1, 2015: no more filling chillers with CFCs
INTRODUCTIONQuebec regulations create numerous obligations in connection with equipment that poses a risk to the environment. Replacing PCB-containing transformers, for example, or having high-risk oil and gas equipment inspected. Regulatees may be required to file reports, maintain registers or (…)
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New Fisheries Act permit rules take effect November 25th, 2013
IntroductionLast week, the federal government took a big step toward bringing the Fisheries Act (Canada) and its application into line with the federal government’s responsible resource development plan. On November 6th, 2013, the Government of Canada announced that November 25th is the date (…)
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Since last October 30, it has become more difficult for non-residents to acquire agriculturally zoned lands suitable for the cultivation of the soil or the raising of livestock in Quebec
THE 1979 STATUTEIt is well known that, under the legal regime for the protection of agricultural lands, the acquisition of agriculturally zoned lands with a surface area of four hectares or more by a person not residing in Quebec is subject to the authorization of the Commission de protection des (…)
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Accidental discharges: the duty to notify
On October 17th, 2013, the Supreme Court of Canada released its long-awaited decision in Castonguay Blasting, commonly referred to as the fly-rock case. To summarize, Castonguay was doing some blasting work and rock was unexpectedly projected outside the work site, landing on someone’s (…)
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Legal newsletter for business entrepreneurs and executives, Number 18
CONTENTS Easing the financing rules while waiting for crowdfunding Avoiding disputes by entering into a shareholders’ agreement Tenth anniversary of Bill 72 : Land protecton and rehabilitationEASING THE FINANCING RULES WHILE WAITING FOR CROWDFUNDINGJosianne BeaudryThere is no doubt (…)
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Francization – Bill No 14 amending the Charter of the French language
This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. The title of this newsletter gives a good summary of the explanatory notes that serve as an introduction to Bill 14, entitled An Act to amend (…)
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Carbon Market : Are you ready to take advantage of it?
As of January 1, 2013, Quebec and California will emerge as the first two Western Climate Initiative (WCI) partners to create a carbon market that imposes binding targets on businesses identified as major greenhouse gas (GHG) emitters. These new regulations are raising some concerns among the (…)
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Legal newsletter for business entrepreneurs and executives, Number 2
Breakdown in negotiations — the binding effect of a letter of intent Being involved in finding solutions ! Bid-rigging - a Lesser known Offence in Competition Law
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Neighbourhood Disturbances: The Supreme Court of Canada Rules
Neighbourhood Disturbances: The Supreme Court of Canada Rules
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Jurisdiction up in the air?
The Quebec Court of Appeal has issued an important decision concerning the application of zoning by-laws to aeronautical activities. In Lacombe et al. v. Sacré-Coeur (Municipalité de), the Court was called upon to rule on a sensitive issue respecting the division of jurisdiction between the federal (…)
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Class action and competition law: Toyota wins in the Court of Appeal
Class action and competition law: Toyota wins in the Court of Appeal
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The Federal Regulatory Framework for Greenhouse Gases and other air emissions: a
In accordance with its announcement in its Notice of Intent published on October 21, 2006, the federal government, on April 26, published the regulatory framework it favours for greenhouse gas emissions and other air pollutants.The “Regulatory Framework for Air Emissions”, despite its (…)
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Two of our partners honoured with Québec Bar Mérite awards
Two of our partners honoured with Québec Bar Mérite awards
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Neighbourhood annoyances: the Court of Appeal rules against the principle of no fault liability
On October 31, 2006, the Court of Appeal rendered two key decisions on the issue of neighbourhood annoyances in Quebec. It is greatly to their credit that these two judgments represent a return to more reasonable legal bases on this issue. The two Court of Appeal decisions followed trial court (…)
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The Federal Government's New Green Approach
The new federal strategy respecting greenhouse gas reduction was finally unveiled on October 19, 2006. A few days later, on October 21st, the Government published its Notice of Intent which outlines the measures that it intends to develop and implement to reduce air emissions. We invite you to read (…)
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Reflexions on the legal framework applicable to land use planning (Available in French only)
Reflexions on the legal framework applicable to land use planning (Available in French only)
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The Kyoto Protocol: three steps to take under the legal framework
The Kyoto Protocol: three steps to take under the legal framework
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Contaminated Land: Should the Vendor or the Purchaser Perform the Site Characterization Study?
Contaminated Land: Should the Vendor or the Purchaser Perform the Site Characterization Study?
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The Immediate Effects of the Kyoto Protocol and Canada's Green Project: Through the Maze in 15 Questions and Answers
The Immediate Effects of the Kyoto Protocol and Canada's Green Project: Through the Maze in 15 Questions and Answers
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The Immediate Effects of the Kyoto Protocol and Project Green on Canadian Companies
The Immediate Effects of the Kyoto Protocol and Project Green on Canadian Companies
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The Protection and Rehabilitation of Contaminated Land: Be More Careful Than Ever in Your Transactions!
The Protection and Rehabilitation of Contaminated Land: Be More Careful Than Ever in Your Transactions!
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Are You the Owner of a Groundwater Catchment Site? Do You Collect Groundwater? Is Your Land Located Near a Water Intake? Have You Taken the Necessary Steps?
Are You the Owner of a Groundwater Catchment Site? Do You Collect Groundwater? Is Your Land Located Near a Water Intake? Have You Taken the Necessary Steps?
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Troubled Waters: Comments on the new Regulation respecting the quality of drinking water and the Draft Regulation respecting groundwater catchment
Troubled Waters: Comments on the new Regulation respecting the quality of drinking water and the Draft Regulation respecting groundwater catchment
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Striking Off of the Registration of a Provincial Company
Striking Off of the Registration of a Provincial Company
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The abandonment of minimum distances to ensure odour management in rural areas: an irresponsible attitude on the part of certain regional offices of the Ministère de l'Environnement (Available in French only)
The abandonment of minimum distances to ensure odour management in rural areas: an irresponsible attitude on the part of certain regional offices of the Ministère de l'Environnement (Available in French only)
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The guideline on odours: A regulated odour (Available in French only)
The guideline on odours: A regulated odour (Available in French only)
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Anti-pollution equipment will be excluded from property assessment rolls as of 2001
Anti-pollution equipment will be excluded from property assessment rolls as of 2001
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Water Use: Are You Ready for the Future?
Water Use: Are You Ready for the Future?
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Acquired Rights or Authorizatons Required With Respect to the Tapping of Spring Water or Mineral Water
Acquired Rights or Authorizatons Required With Respect to the Tapping of Spring Water or Mineral Water
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Biosolids: the richness of our soils (Available in French only)
Biosolids: the richness of our soils (Available in French only)
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The RCMs' new obligations in waste management (Available in French only)
The RCMs' new obligations in waste management (Available in French only)
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ISO Standards 14000
ISO Standards 14000