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ARTICLE · 04 MARCH 2024

Environmental Protection: An Essential Consideration For Any Minor Exemption

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The Québec Court of Appeal recently reiterated[1] that a minor municipal exemption cannot be granted if it has the effect of adversely affecting the quality of the environment.

CanadaEnvironment
Martin Thiboutot
Martin Thiboutot
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The Québec Court of Appeal recently reiterated1 that a minor municipal exemption cannot be granted if it has the effect of adversely affecting the quality of the environment.

In this matter, the appellant citizen sought to quash a resolution of the Dunham Municipal Council granting the application for a minor exemption by another citizen residing near the appellant. The appellant resides across a lake and has access to it.

The application for a minor exemption was intended to allow the owner of the lot concerned to subdivide the lot while maintaining a frontage less than the distance required under the municipality's Subdivision By-law.

As part of the process that followed the filing of the application for a minor exemption, the appellant submitted her written observations to the municipality. In particular, she expressed environmental concerns about the health of the lake in question and the preservation of wetlands. Despite this, the Municipal Council

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