Authors
Partner, Disputes, Montréal
Associate, Disputes, Montréal
Associate, Disputes, Montréal
Key Takeaways
- Fines for environmental violations in Québec have increased up to tenfold under the Environment Quality Act.
- The updated fines target certain industry types with significant environmental impact, including battery operations, petroleum refineries and mining.
- Organizations should review their compliance programs to mitigate exposure to these enhanced penalties.
Effective August 13, 2026, organizations carrying out certain industrial activities in Québec may face minimum environmental fines up to 10 times higher for violations of the Environment Quality Act (EQA). According to Québec’s Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs, the reform is intended to strengthen deterrence and encourage greater investment in environmental compliance and risk prevention.
Key changes
New section 115.33.1 of the EQA increases minimum fines tenfold for certain environmental offences, as illustrated in the table below. The revised financial penalties are intended to more adequately reflect the risks associated with certain industrial activities and their potential environmental impacts.
| Offence under the EQA | Current minimum fine per day | New minimum fine per day |
| Failing to comply with a standard or condition of a ministerial authorization | $7,500 | $75,000 |
| Carrying out an activity without a ministerial authorization | $15,000 | $150,000 |
| Release of contaminants into the environment | $30,000 | $300,000 |
The government has also introduced a new regulatory power under the Regulation respecting the regulatory framework applicable to activities based on their environmental impact (REAFIE) to specify which industrial activities are subject to the announced enhanced fines, as well as the applicable thresholds. Only organizations whose activities appear on the list set out in new section 14.1 of the REAFIE are affected by these new mandatory minimum fines.
Industries affected
The legislative and regulatory changes targets certain industry types provided for by Regulation, including
- battery sector operations
- petroleum refineries
- pulp and paper
- mining
- aluminum smelters
- foundries
- cement plants
- iron, steel and ferroalloy manufacturing
- quicklime or hydrated lime manufacturing
- manufacturing chemical products, explosives and glass
Recommended actions
These changes significantly increase the financial exposure associated with environmental non-compliance in Québec. While the offences targeted by these new minimum fines are “strict liability” offences, where a due diligence defence may be invoked, organizations operating in affected sectors should still promptly determine whether their activities fall within the new sections described above and review their environmental compliance programs. Given the magnitude of the fine increases, proactive risk management and investment in compliance and risk prevention are strongly advisable.
For assistance in evaluating the impact of these amendments on your activities in Québec, please contact a member of our Québec Environmental team.
