{"id":48898,"date":"2026-04-10T14:25:20","date_gmt":"2026-04-10T18:25:20","guid":{"rendered":"https:\/\/www.millerthomson.com\/?p=48898"},"modified":"2026-04-10T14:25:23","modified_gmt":"2026-04-10T18:25:23","slug":"environmental-sanctions-why-obtaining-the-full-administrative-record-can-make-or-break-your-case","status":"publish","type":"post","link":"https:\/\/www.millerthomson.com\/en\/insights\/environmental\/environmental-sanctions-why-obtaining-the-full-administrative-record-can-make-or-break-your-case\/","title":{"rendered":"Environmental sanctions: Why obtaining the full administrative record can make or break your case"},"content":{"rendered":"\n

An administrative monetary penalty or an environmental order from the Minist\u00e8re de l\u2019Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs<\/em> (the \u201cMinistry<\/strong>\u201d) can seriously jeopardize a business\u2019s ability to operate in Qu\u00e9bec.<\/p>\n\n\n\n

Businesses that require a ministerial environmental authorization under Quebec’s Environment Quality Act<\/em><\/a> must maintain compliance or risk losing it. The Ministry enforces compliance with these authorizations through a range of tools, including administrative monetary penalties and environmental orders.<\/p>\n\n\n\n

Many businesses are unaware that contesting such a sanction before the Administrative Tribunal of Quebec (TAQ<\/strong>) triggers a significant obligation for the Ministry: under section 114(1) of the Act respecting administrative justice<\/em> (AAJ<\/strong>), it must disclose its complete case record.<\/p>\n\n\n\n

This article explores the scope of this disclosure obligation, the strategic benefits of obtaining the full administrative record, and what recent case law tells us about how far the obligation extends.<\/p>\n\n\n\n

1. Section 114(1) of the AAJ: A strategic tool not to be overlooked<\/h2>\n\n\n\n

Section 114(1) of the AAJ imposes a broad disclosure obligation on the Ministry, leaving no room for discretion. It must transmit the complete record without cherry-picking or withholding documents on the grounds of irrelevance or secondary importance.<\/p>\n\n\n\n

Everything connected to the proceedings must be disclosed, including notes and annotations, emails and internal communications, and exchanges between inspectors and other parties. This also applies to drafts, preliminary versions and recommendations, even if they did not directly inform the contested decision.<\/p>\n\n\n\n

The value of this access cannot be overstated. A thorough review of the administrative record can reveal omissions, inconsistencies, misunderstandings, or methodological errors in the Ministry\u2019s analysis. In some cases, documents obtained under section 114(1) have been instrumental in challenging or even overturning a decision.<\/p>\n\n\n\n

Section 114(1) of the AAJ is therefore a vital strategic tool<\/strong> for any business contesting an environmental order or administrative sanction. It ensures that businesses can understand precisely how and on what basis the Ministry reached its conclusion, enabling a fair and balanced hearing before the TAQ.<\/p>\n\n\n\n

2. Recurring challenges in applying the disclosure obligation <\/h2>\n\n\n\n

One might assume that this obligation is applied consistently. In practice, however, it is not always fully respected or understood.<\/p>\n\n\n\n

The TAQ has identified various instances of incomplete document searches, gaps in the collection of electronic communications (e.g., Teams messages or individual emails) and the exclusion of documents deemed \u201cnon-determinative.\u201d<\/p>\n\n\n\n

Each of these shortcomings raises serious concerns about the transparency of the decision-making process.<\/strong> As the TAQ has noted, section 114(1) of the AAJ exists to ensure fair and good-faith proceedings between the government and the regulated party. This objective is difficult to achieve when the administrative record is incomplete.<\/p>\n\n\n\n

3. The Transformation des M\u00e9taux du Nord<\/em> case: A reminder of disclosure requirements <\/h2>\n\n\n\n

In the Transformation des M\u00e9taux du Nord<\/em><\/a> <\/em>case, in which we represented the applicants, the TAQ was asked to order full disclosure of the administrative record.<\/p>\n\n\n\n

On February 13, 2026, the TAQ ruled in our favour, finding that:<\/p>\n\n\n\n