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Experience

Minera Products Inc. successfully challenged the MELCCFP’s modifications to its permits

Fasken
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Overview

Client

Produits Minéra inc.

Challenge by Produits Minera to the amendments imposed by the MELCCFP.

Founded in 1995 and based in Saint‑Flavien, Minera Products Inc. reclaims tens of thousands of tonnes of non‑hazardous residual materials each year, primarily from the foundry industry.

This activity directly contributes to the circular economy and the reduction of landfill waste in Québec.

Beginning in the summer of 2020, the company faced numerous citizen complaints regarding noise, odours, dust and heavy truck traffic.

These complaints led to an investigation by the MELCCFP, including over 60 site visits, sampling campaigns and an in-depth ambient air characterization study conducted by the CEAEQ.

In May 2022, the MELCCFP issued orders and modified Minera Products Inc.’s permits.

An application was subsequently filed with the Administrative Tribunal of Québec by the company to challenge these measures, arguing that their continuation would have irreversible consequences on its operations and could jeopardize its survival.

Our team provided strategic representation before the Tribunal, relying on scientific, legal and environmental data in support of the application. We demonstrated that there was no causal link between Minera’s operations and the alleged nuisances, while highlighting the public interest in maintaining reclamation activities given limited landfill capacity.

A Fasken team composed of Dave Robitaille, Gaelle Obadia, and Julien Toppan advised Produits Minera Inc. in this matter.

Jurisdiction

  • Québec

Team

  • Dave Robitaille, Partner | Commercial Litigation, Québec, QC, +1 418 640 2083, [email protected]
  • Gaëlle Obadia, Associate | Environmental, Montréal, QC, +1 514 397 7621, [email protected]
  • Julien Toppan, Paralegal/Law Clerk, Québec, QC | Montréal, QC, +1 418 204 8953, [email protected]
Dave Robitaille, Partner | Commercial Litigation Dave Robitaille Partner | Commercial Litigation Québec, QC +1 418 640 2083
Gaëlle Obadia, Associate | Environmental Gaëlle Obadia Associate | Environmental Montréal, QC +1 514 397 7621
Julien Toppan, Paralegal/Law Clerk Julien Toppan Paralegal/Law Clerk Québec, QC Montréal, QC +1 418 204 8953