Who Is Responsible For Rehabilitation Under The Quebec Environment Quality Act?

A ruling of the Quebec Superior Court in Gagnon c Suncor Énergie inc.¹ that turns in part on the interpretation of ss 31.51 to 31.57 of the Quebec Environment Quality Act² specifies who is responsible for the characterization study and environmental rehabilitation required by these provisions.

The dispute

In a motion for a permanent injunction and damages, the owner of contaminated land on which a service station and a mechanical service garage had been operated sought to have Suncor Energy Inc. support the cost of decontaminating his entire property, alleging that Suncor had obligations under the Environment Quality Act as well as a contractual obligation to do so. Suncor previously owned three underground storage tanks on the site for the use of the service station and had supplied the operator of the service station with petroleum products, but at no time was it the operator of the service station itself and it had no ties to the mechanical service garage.