The Legal Elements
Faced with inaction by Provincial and Municipal authorities, on July 16 SOS Wakefield obtained an independent opinion from experienced environmental law counsel, which states the following:
Ministerial orders, an urgent injunction from the Superior Court, and fines are all available remedies to stop the operation of the Rockhurst pit.
SOS Wakefield has supplied further detail on this summary legal opinion to Provincial and Municipal authorities, urging them to use this research to prosecute violations of the law.
- The validity of the Notice of Non-Conformity issued by Environment Quebec (MDDP) on June 7, 2012 is confirmed.
- Under Quebec’s Environment Quality Act and Regulation respecting Pits and Quarries, Couillard Construction cannot legally operate without a provincial Certificate of Authorization.
- Even if the pit operation is authorized, it must comply with the siting, distance and other requirements of the Regulation.
- The burden would fall on Couillard Construction to prove that it has the right to operate without authorization and without following the usual regulations.
- It is doubtful that Couillard Construction can invoke acquired rights in this case.
- The addition of clay, and site restoration without a land reclamation plan approved by the Environment Minister, are not permitted under the applicable Regulation.
Ministerial orders, an urgent injunction from the Superior Court, and fines are all available remedies to stop the operation of the Rockhurst pit.
SOS Wakefield has supplied further detail on this summary legal opinion to Provincial and Municipal authorities, urging them to use this research to prosecute violations of the law.
Chain of ownership
This report from Notary Genevieve Parent shows the chain of ownership of the site from 1973 to date.
