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Issues

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Issues
  • processBusiness Operation / Discontinuation
    • What are the information obligations for companies wishing to change or cease operations?
    • Does my business need a new ministerial or municipal authorization for a change of use?
    • What will happen to the current authorizations if my company ceases its activities?
    • Can my company transfer its certificate of authorization when it ceases its activities?

    The reform of the Environment Quality Act substantially modifies the reporting requirements in the event of a change of use and discontinued operations. 

    We offer advice and support on a change of use, the termination of an activity, business closure, either voluntary or through bankruptcy

    • Characterization and rehabilitation
    • Dismantling of installations
    • Notice to environmental authorities
    • Preservation of documents
  • houseNeighbourhood Disturbances
    • What are the available recourses when faced with neighbourhood disturbances on your property?
    • How can you protect your rights when facing contaminant migration from a neighbouring property?
    • How can I defend myself when being pursued for neighbourhood disturbances?
    • When is noise, odour or dust considered a nuisance?
  • pollution-2Air Emissions and Carbon Market
    • What is covered under the general disclosure obligations relating to greenhouse gases?
    • When applying for an authorization, what information does my business need to disclose regarding air emissions?
    • Is my business subject to carbon market legislation?
  • satisfactionSocial Acceptability
    • In which circumstances will my project be subject to a hearing before the Bureau d’audiences publiques sur l’environnement (BAPE)?
    • What will be the impacts of a hearing before the BAPE?
    • How can I optimize my project in order to improve my chances of gaining social acceptability?

    Social acceptability involves actions at various stages of a project, including before its implementation and during its regular operations, and needs to be obtained from municipalities as well as its constituents. We assist our clients in order to appropriately manage these aspects and work alongside experts, when questions go beyond our scope of expertise (urban planners, public relations experts, lobbyists, etc.)

  • construction-siteReal Estate Development
    • Is my real estate development obliged to obtain an authorization pursuant to the Environment Quality Act? Is this project exempt from any such obligation?
    • How can a municipality impact a real estate development project?
    • What possible negotiation and recourses are there when faced with an expropriation?
    • What obligations are expropriating parties subject to?
    • Can the presence of a protected species hinder or prevent a real estate, commercial or industrial project?
    • What rights do buyers have when discovering latent defects?
  • search-fileInspection and Inquiry
    • Should a business implement procedures and mechanisms in case of  inspection?
    • What rights and powers do inspectors have?
    • Can an inspector seize data not subject to preservation orders?
    • Can an inspector interrogate employees?
  • waterWater Resource and Effluents
    • Who, amongst the various levels of government, has juridiction concerning water treatment and dumping?
    • What are my obligations when building on riverbanks or floodplains?
  • planningLand Use
    • What steps need to be taken when applying for an subdivision permit?
    • Can I obtain a zoning modification on my property?
    • Does a change of use imply the need for a characterization and rehabilitation study?
    • What are my obligations in the case of  voluntary soil rehabilitation?
    • Are real estate projects subject to town planning regulations?
    • What are some discretionary tools that could allow the realization of a non-conforming use project?
    • Can the regulations surrounding nuisances hinder the exploitation of a business?
    • What to do when faced with a request to discontinue use?
    • When can you sue a municipality for damages?
  • hazardousHazardous Material
    • Do you need a ministerial authorization to operate a hazardous materials waste management facility?
    • Do you need a ministerial authorization to store hazardous materials?
    • Does my business need to disclose the presence of hazardous materials on site?
  • pondWetlands
    • Will my project be subject to an obligation for compensation for the loss or degradation to wetlands?
    • Can some activities be subject to an obligation for compensation for the loss or degradation to wetlands?
    • How does the MELCC calculate the amount of compensation for the loss or degradation to wetlands?
    • Does geography affect the calculation of the compensation for the loss or degradation to wetlands?
    • Can the presence of an endangered species hinder or prevent my real estate, commercial or industrial project?
  • forestProtected areas and species
    • What happens when one discovers the presence of an endangered species while a project is underway?
    • What obligations arise from the presence of protected species or environments?
    • Can the presence of an endangered species hinder or prevent a real estate, commercial or industrial project?
  • garbage-canWaste Materials
    • Do you need an authorization to use waste materials?
    • What obligations arise from the storage of waste materials?
    • What should you do when discovering waste materials on one’s property?
    • When is the presence of waste materials considered a latent defect?
    • Is there an obligation to remove waste materials?

    Waste management is a serious challenge. Businesses and individuals who work to find outlets for the residual material they generate are vectors of change and allow for the creation of a circular economy. 

    Better waste management means: 

    • Improve the quality of the environment
    • Reduce the need for raw materials
    • Reduce our carbon footprint
    • Ensure the durability and sustainability of our society

    Municipalities also play an important role in waste management. We offer support with the planning of waste management policies and the modification of RCM plans (regional municipal land use and development plan). 

  • pollutionContaminated Soils
    • What should you do if you discover contaminated soil?
    • What legal obligations arise from the discovery of contaminated soils?
    • What obligations arise from past designated activities?
    • What obligations and liabilities may arise from contaminant migration?