This decision considered the application of Québec's
Environment Quality Act (Act), the central piece of
Québec's environmental legislation. The specific issue
was whether the defendant, a construction company, had developed a
"path" or whether it was operating a "quarry"
in connection with works in the Mont-Tremblant area. If it was
found to be operating a quarry, the defendant required a
certificate of authorization pursuant to the Act which it did not
The defendant's works included digging a hole in the
mountain measuring approximately 13,200 cubic meters. The rocks
recuperated in this process had been crushed and processed and then
sold or used in other road works. Although the defendant argued
that the extraction of the rock was necessary to set up a transfer
site, it was unable to explain why the quantity of rock extracted
was double that of the estimates submitted.
The Attorney General argued that the defendant's activities
did not correspond to what is usually considered to be the
construction of a path, and if it was not a path, it could only be
the exploitation of a quarry.
Ultimately, the Court agreed with the Attorney General's
position. The work carried out by the defendant, at least since
2011, was found to correspond to the definition of
"quarry" provided by the Regulation respecting pits
and quarries (Regulation). Even if the project was considered
a path, the path would be used for the operation of a quarry. Thus,
as an accessory to a quarry, the path would be subject to the
Regulation and to the Act. In reaching its decisions, the Court
found that no reasonable person would have undertaken the
defendant's works simply to build a path in the mountains. The
only explanation was that the defendant was operating a site to
extract rocks for commercial purposes. The Court also noted that
the project for the construction of the path was presented after
the Ministry of the Environment refused to certify the project to
establish a crushing and screening site.
On the basis of the above, the Court granted the Attorney
General's request for an injunction restraining the defendant
from continuing its activities without a certificate of
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
The Government of Alberta recently announced a number of policy changes that will impact the Alberta Electricity Market, composed of its generators, transmitters, distributors, retailers, electricity consumers and wholesale electricity market.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).