Quebec Significantly Increases Minimum Fines For Certain Environmental Offences

Minimum fines for provincial environmental offences in Quebec have significantly increased for companies operating in certain industrial sectors.

Quebec’s Environment Quality Act (Act) was amended in 2025 to provide that any person, other than an individual, who commits certain offences in the course of carrying out an activity determined by regulation is liable to a minimum fine 10 times higher than the usually applicable minimum fine.

These offences include releasing contaminants into the environment, carrying out an activity without the required authorization, failing to comply with the standards and conditions set out in an authorization, providing false or misleading information, and failing to comply with an order, a rehabilitation plan or certain remedial measures.

In order to implement the amendment to the Act, Quebec’s Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (Amendments) was modified on August 13, 2026, to designate several categories of activities that would be subject to the increased fines. These categories include the operation of: 

1. An establishment subject to Quebec’s Regulation respecting the operation of industrial establishments, namely (i) pulp and paper mills; (ii) mines; (iii) ore processing plants; (iv) glass manufacturing plants; (v) Portland cement manufacturing plants; (vi) quicklime or hydrated lime manufacturing plants; (vii) silicon manufacturing plants; (viii) iron and steel mills, and ferroalloy manufacturing plants; (ix) plants engaged in the primary production of alumina and aluminium; and (x) plants engaged in non-ferrous metal smelting and refining
2. A plant (with a maximum annual production capacity equal to or greater than 60,000 metric tons) for the purposes of manufacturing cells, batteries or electrochemical accumulators that involves (a) the manufacturing of blended active electrode materials; or (b) the manufacturing of separators
3. A chemical plant with a maximum annual production capacity equal to or greater than 50,000 metric tons
4. A tire plant with a maximum annual production capacity equal to or greater than 20,000 metric tons
5. A plant for the purposes of manufacturing explosives, explosive detonators or explosive devices (except ammunition)
6. A plant engaged in the production or transformation of a chemical element of metal compounds or chemicals from rare earth concentrate or radioactive elements
7. A plant engaged in the production or transformation of a chemical element, metallic compounds or chemicals from lithium concentrate, with a maximum annual production capacity equal to or greater than 20,000 metric tons
8. A plant engaged in manufacturing chipboard from wood fibre or manufacturing other composite materials derived from wood, with a maximum annual production capacity equal to or greater than 50,000 m3
9. A petroleum refinery, petrochemical plant, liquid petroleum gas fractionation plant, transformation or energy-potential gas synthesis plant or transformation or coal-based product synthesis plant

Companies convicted of an offence will now face substantially higher minimum fines. For example, the minimum fine for failing to comply with a condition of an authorization or a depollution program increases from C$7,500 to C$75,000. The minimum fine for operating without the required authorization or for failing to notify Quebec’s Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks of an accidental release increases from C$15,000 to C$150,000, and minimum fines for illegal releases of certain contaminants to the environment increase from C$30,000 to C$300,000. The Amendments do not create new offences nor alter existing defences; they merely operate to increase the minimum fines for certain offences. The Act does not allow for the imposition of a fine below the established minimum fines. A court may take into account the offender’s ability to pay only when the imposed fine is greater than the applicable minimum.

According to the Quebec government, this measure targets large industrial facilities with a higher environmental risk profile, and the increased minimum fines seek to target violations likely to have a significant impact on the environment, rather than minor administrative offences, such as record-keeping deficiencies. During parliamentary committee hearings, the government explained that the previous minimum fines were not high enough to provide an economic incentive for a business to invest in compliance. Increasing them tenfold is intended to strengthen the deterrent effect for targeted companies, while avoiding an increase in minimum fines across the board for all companies subject to the Act. These increased minimum fines are consistent with a broader trend across Canada towards increasing fines and monetary penalties for environmental offences, particularly under federal environmental legislation.

This increase in minimum fines represents an opportunity for affected companies to reassess their environmental compliance policies and procedures. Companies should verify whether their facilities fall into one of the specified categories, taking into account the applicable capacity thresholds, and also ensure compliance with approval conditions, procedures to prevent and manage releases, and their emergency plan.

These changes to Quebec’s environmental fine regime increase financial exposure in the event of prosecution and underscore the value of environmental audits and compliance practices and procedures that seek to prevent violations. It is worthwhile to monitor the implementation of these changes to determine whether they lead to a rise in prosecutions being contested.

For permission to reprint articles, please contact the bulletin@blakes.com Marketing Department.

© 2026 Blake, Cassels & Graydon LLP.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.