On May 5, 2014 the Québec Court of Appeal upheld a judgment of the Superior Court dismissing a motion for forced surrender and ordering the radiation of several registrations in the Land Register.
The Superior Court Confirms the AMF’s Refusal to Grant Authorization to Enter into a Public Contract
The Integrity in Public Contracts Act (the “Integrity Act”) sanctioned on December 7, 2012, amended the Act respecting contracting by public bodies (the “ACPB”) such that firms seeking to enter into a public contract or subcontract for an amount equal to or greater than an amount determined by the Government must first obtain authorization to do so from the Autorité des marchés financiers (the “AMF”).
Tips and advice for dealing with absenteeism due to illness. Today more than ever, absenteeism is giving employers headaches, and absence due to illness tops the list of reasons for employee absenteeism.
Are There Limits to the Power to Intervene of the Administrative Tribunal of Quebec in Connection with an Order Issued Under the Environment Quality Act?
The first paragraph of section 96 of the Environment Quality Act (the “EQA”) provides that “any order” issued by the Minister of Sustainable Development, Environment and the Fight Against Climate Change (the “Minister”) may be contested by the municipality or person concerned before the Administrative Tribunal of Québec (the “ATQ”), subject to certain exceptions specified in that paragraph.
The Regulation respecting the register, monthly report, notices from employers and the designation of a representative (the “Regulation”) provides that every employer in the construction industry must keep a detailed pay register on file at the employer’s place of business. In the past, the Commission de la construction du Québec (the “Commission”) has tolerated some laxity in this regard but is now getting stricter and appears to be issuing more and more statements of offence for incomplete registers.
The Supreme Court of Canada recently rendered a judgment1 holding that unless the owner of a business that is operating in violation of a currently in force municipal zoning bylaw can clearly establish having an acquired right to do so, the business owner may be liable to a fine, despite the fact that the municipality, in this case the City of Québec (the “City”), knew of the offending use for decades, had provided assistance with the operation of the business and had even collected taxes on the non-compliant use.