Law in Quebec

News about Quebec legal developments


legislation

  • Backing down

    A controversial bill that was intended to overhaul the forest industry was jettisoned by the Quebec government, the second time the provincial government has backed down the past week after weeks of steadfast opposition.

    Bill 97, An Act mainly to modernize the forest regime, was touted as an effort to protect the jobs of forestry workers who are threatened by the tariff war with the U.S. It would have divided the province’s public forest land into three zones: conservation zones (protected from industrial logging), multi-purpose zones (recreational, Indigenous, and mixed-use activities) and forest development zones where the forestry industry is prioritized.

    “Bill 97 provides a streamlined and effective framework for stakeholders, while upholding the importance of sustainable development,” said Maïté Blanchette-Vézina, then Quebec Minister of Natural Resources and Forests.

    But the legislative proposal faced stiff opposition, from the get-go. Environmentalists, labour, hunting and fishing advocates as well as the Assembly of First Nations of Quebec and Labrador (AFNQL) and including the Innu, Atikamekw, and Algonquin First Nations vehemently opposed Bill 97.

    “This is a small victory, but above all, it is only the first step,” said the AFNQL on Facebook. “Now, words must turn into action. The government has the opportunity to co-construct, with all stakeholders, a truly sustainable forestry regime.”

    Bill 97 represented a clear violation of the rights of Indigenous peoples, asserts Karine Millaire, a constitutional and Indigenous law professor at the Université de Montréal. Bill 97 violates the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), adopted in 2007, which Canada has committed to implementing, says Millaire. The Supreme Court of Canada recently confirmed that UNDRIP “has real legal significance,” notes Millaire.

    The Quebec Environmental Law Centre said that Bill 97 risks causing “significant negative impacts” on biodiversity protection. “Several provisions of this bill are highly problematic, particularly those related to granting priority development zoning for forestry industries. In doing so, the government is compromising its ability to act in the public interest,“ warns executive director Geneviève Paul. ”This bill misses the mark and is a wasted opportunity to adopt forest management reform that would effectively address the serious and growing risks posed by climate change and biodiversity loss.”

    The Quebec Federation of Municipalities too denounced the bill as an effort to curb municipal powers in forest management. “This is a serious blow to municipal intervention powers on the territory, which is particularly incomprehensible,” said the organization in its official submission.

    The Quebec government also backed down from safety regulations that affected pool owners.

    Less than two weeks before the original Sept. 30 deadline, Municipal Affairs Minister Geneviève Guilbault announced that pool owners who have not yet complied with safety regulations requiring controlled access to outdoor pools have been given a one-year reprieve.

    A petition by Comité Citoyens Piscine, a citizen group advocating for pool owners, obtained more than 30,000 signatures in a petition calling for an extension of the regulation. The group denounced the high costs associated with securing a swimming pool, and the lack of clarity over the rules. According to a survey conducted by the group, homeowners who carried out the work without using the rear wall of their house within the pool enclosure spent an average of $10,980.

  • In about-turn, Quebec introduces bill that imposes moratorium on certain types of evictions

    A week ago, a Montreal landlord was ordered by the Quebec rental board to pay $50,000 in damages to an artist who found herself homeless for several months after being evicted “in bad faith,” the latest effort by the tribunal to deter investors from taking advantage of the housing crisis to evict tenants and jack up rents.

    “Sending a notice of eviction and then changing one’s mind is too easy for the landlord, who in so doing disturbs the social order of an exemplary regime,” said adjudicator Sophie Alain in Ainsworth c. IF Realties, 2024 QCTAL 14947. “They must be dissuaded from doing so again.”

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  • Bill aims to curb delays but stakeholders call for more resources

    A new bill that seeks to curb delays in the justice system and rein in stays of proceedings will be conferring new powers to the justices of the peace by allowing them to oversee criminal court appearances and bail hearings, a development that has received lukewarm praise by Quebec’s main legal actors who were longing for more monies into the system.

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  • Employers’ obligation to protect psychological well-being of workers expanded by Quebec bill

    The Quebec government, in an initiative welcomed by business and labour, is in the final stages of passing legislation that aims to further prevent and fight psychological harassment and sexual violence in the workplace by adding legal presumptions to make it easier to prove an employment injury or illness stemmed from violence at the hands of a co-worker or employer representative.

    Bill 42, now before the Quebec National Assembly undergoing a clause-by-clause examination, introduces a definition that encompasses all speech and language of a sexual nature, extends the time limit for filing a claim, broadens the general duties of employers’ obligation to protect the psychological well-being of employers, and introduces harsher penalties for non-compliance. The bill also compels arbitrators who take on grievances dealing with psychological harassment to take mandatory training.

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  • Quebec municipal court reforms draw mixed reactions from legal community

    A comprehensive legislative reform of the municipal court system recently introduced by the Quebec government has drawn mixed reactions, with the legal community applauding the initiative but equally concerned that it may undermine judicial and institutional independence of municipal courts.

    Bill 40, the most significant remodelling of municipal courts in more than two decades, establishes to the surprise of legal observers a management structure for municipal courts that is entirely independent of the Court of Québec; eliminates part-time municipal court judges; and places all municipal judges on an equal footing, allowing them to earn the same salary as current municipal judges who practise on an exclusive basis.

    But to the consternation of legal actors, from judges to the Quebec bar, Bill 40 also grants the government, after consultation with the chief municipal judge, the power to designate a co-ordinating judge and determine the term of office. The bill also provides that co-ordinating judges and the chief municipal judge must send a report on their activities at least twice a year to the Quebec justice minister, and it requires the chief municipal judge to “meet the performance targets of municipal courts and consider the needs of municipalities and litigants.”

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Law in Quebec
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