What to do in the face of a non-conformity notice
What is a notice of non-compliance?
The’notice of non-compliance is a formal mechanism used by the ministry to inform an operator during a violation of environmental legislation.
This is generally a warning prior to the imposition of a pecuniary administrative sanction.
One notice of non-compliance can be issued for, among other things:
- The absence of ministerial authorization for activities that require it;
- Exceeding an authorized parameter (e.g., atmospheric emissions);
- The improper treatment of residual materials;
- Non-compliance with a condition set forth in an existing ministerial authorization.
How to respond to a notice of non-compliance?
One notice of non-compliance must never be ignored. It constitutes a step toward escalation leading to a monetary penalty of up to 50,001 TP4T for a legal entity.
Recommended steps:
- Respond quickly to the notice of non-compliance: The ministry takes the developer's reaction into account in its future decision. The use of specialists certainly proves to be a judicious strategy.
- Rectify the non-conformity: For example, submit a ministerial authorization request if it was missing.
- Documenting fixes and transmitting information to the ministry: Plans, studies, internal procedures, sampling results, etc.
Why is compliance essential?
Beyond the risk of pecuniary administrative sanction, compliance with environmental regulations offers several advantages:
- A reduction of legal risks;
- Corporate reputation protection;
- An improvement in relations with the authorities and the community;
- An anticipation of environmental challenges;
- Better planning and management of impacts.
Conclusion
Navigating the ministry's mechanisms may seem complex. However, they are essential for ensuring the responsible development of Quebec's territory.
Thoroughly understand the processes and react effectively to Notice of Non-Compliance allows you to avoid sanctions and ensure the success of projects.
If you wish to answer a notice of non-compliance, GCM Enviro Synergies has the necessary expertise to guide you through this process.
Daniel Lapierre, P.Eng., Project Manager – Environmental Studies and Permits
References:
Ministerial Authorization – Government of Quebec