Hazardous Waste Disposal in Blainville

Summary of the matter addressed in the submission:

The Submitter asserts that Canada is failing to effectively enforce its environmental laws with respect to the protection of migratory birds and species at risk, and by allowing the release of harmful substances into the environment beyond the legally permitted limits.

In the submission, the Submitter argues that the project carried out by Stablex is resulting in the disposal of millions of tons of toxic waste in an area of environmental interest. According to the Submitter, excavation activities in the Great Bog of Blainville during bird-nesting periods (allegedly allowed by Canada as part of the waste disposal project) contravene Canadian environmental laws. The Submitter also indicates that water-quality analyses in the area reveal cadmium levels 320 times above the regulatory thresholds and that the Fauvel Lakes ecosystem is thus threatened by this contamination.

The Submitter adds that Quebec, in adopting the Act respecting, in particular, the transfer of ownership of an immovable of Ville de Blainville, known as “Bill 93”, bars judicial recourse that could compel the government to comply with federal environmental laws.

Names and citations of the environmental laws in question:

Migratory Birds Convention Act, 1994 (SC 1994, c 22), Sections 5 and 5.1(1)
Migratory Birds Regulations (SOR/2022-105), Section 5(1)(a), (b) and (c)
Species at Risk Act (SC 2002, c 29), Preamble (paragraph 13), Sections 10.1, 18.1, 32, 33, 34, 39(1)(c), 58, 73, 79 and 83
Fisheries Act (RSC 1985, c F-14), Sections 34.4, 35, 36(3), 36(4), 37 and 38
Canadian Environmental Protection Act, 1999(SC 1999, c 33), Sections 2(1)(a.2), 2(1)(a.3), 5.1(1), 64, 68, 71, 90, 91 and 93
Impact Assessment Act (SC 2019, c 28, s 1), Section 2(i)(ii)(iii)
Physical Activities Regulations (SOR/2019-285), Section 2 (Sections 56 and 57 of the schedule)
United Nations Declaration on the Rights of Indigenous Peoples Act(SC 2021, c 14), Section 5
Canada–United States–Mexico Agreement,Article 24.4
North American Guiding Principles on the Integration of Traditional Ecological Knowledge of the Commission for Environmental Cooperation (2017)
Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK 1982, c 11), Section 35

Submitter(s):

William Guindon

Submission Timeline

4 / 10 steps completed

Submission Timeline

May 4, 2026

The Secretariat began reviewing the submission under Articles 24.27(2) and (3) of the USMCA.

Submission - Submission authored by Submitter(s) on 01/05/2026

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 04/05/2026

Annex - Other document authored by Submitter(s) on 01/05/2026

June 3, 2026

The Secretariat notified the Submitter(s) that the submission did not meet all the Article 24.27(2) and (3) criteria, and that the Submitter(s) has 60 days to submit a revised submission.

Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 03/06/2026

July 16, 2026

The Secretariat received a revised submission and began to analyze it.

Submission - Submission authored by Submitter(s) on 16/07/2026

Acknowledgement - Communication to Submitter(s) authored by Secretariat on 20/07/2026

Annex - Other document authored by Submitter(s) on 10/08/2026

August 17, 2026

The Secretariat determined that the submission met the criteria of Article 24.27(2) and requested a response from the concerned Party in accordance with Article 24.27(3).

Determination - Secretariat Determination under Article 24.27(2) and Article 24.27(3) of the CUSMA/USMCA authored by Secretariat on 17/08/2026

October 16, 2026

The Party response included a notification that a matter in the submission is the subject of a pending judicial or administrative proceeding under Article 24.27(4)(a).

Other Documents - Other document authored by Canada on 16/10/2026

Acknowledgement - Other document authored by Secretariat on 16/10/2026

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