Martin Thiboutot Photo
Martin Thiboutot Photo
Martin Thiboutot Photo

Martin Thiboutot is an experienced lawyer whose decade-long practice covers a wide range of environmental, natural resources, energy and municipal law matters. His broad regulatory expertise is primarily focused on transactions and operations between companies from various sectors.

Martin provides specialized compliance and regulatory counsel in the areas of environmental permits, environmental reporting, extended producer responsibility and contaminated land management. Earlier in his career, he was involved in drafting and negotiating agreements for several construction and infrastructure projects.

In addition to his practice, Martin is a lecturer at the University Laval’s Faculty of Law, teaching courses on Energy and Natural Resources Law, Environmental Law and Sustainable Development. He is passionate about governance and serves on a number of boards, including the executive committee of the Canadian Bar Association’s National Energy, Environment and Resource Law Section, where he has been involved for more than 10 years.

Prior to joining McMillan, Martin gained experience as a lawyer at other national law firms, and as a legal counsel at an environmental engineering firm and at a Canadian forestry corporation.



Representative Matters

Environment, Municipal, Energy and Natural Resources 

  • Assisted clients in the waste industry with various environmental issues;
  • Assisted commercial and industrial clients in the environmental management of several sites following discontinuation or change of use of certain activities;
  • Acted for a technology client in its acquisition of a data centre and provided post-acquisition support for assessing environmental compliance of acquired activities;
  • Acted for real estate clients in their pre-acquisition environmental and municipal due diligence;
  • Revised and drafted provisions relating to the environment and aspects of municipal law in a large number of commercial and industrial leases;
  • Assisted industrials client in obtaining key environmental approvals;
  • Acted for real estate clients in its pre-acquisition environmental due diligence;
  • Acted for a private equity client in its acquisition of a company with assets in Quebec (environmental due diligence, review and negotiation of environmental provisions in agreements, post-acquisition follow-ups);
  • Assisted a client in the aeronautical industry on management of its environmental compliance;
  • Acted for a client in the forestry industry in its acquisition of a Canadian company (environmental due diligence, review and negotiation of environmental provisions of agreements, post-acquisition follow-ups);
  • Assisted a mining client in the environmental management of a contaminated site;
  • Counselled and performed verification on energy regulatory matters in Quebec;
  • Counselled and performed verification on municipal regulatory matters, including zoning;

Construction, Procurement and Infrastructure

  • Assisted a client in filing a complaint with the Autorité des marchés publics du Québec (Québec’s public procurement authority);
  • Reviewed and negotiated, on behalf of a consortium member, the contracts for the Library and Archives Canada public-private partnership project for the construction, operation and maintenance of a new preservation centre in Ottawa;
  • Drafted, reviewed and negotiated contracts for the procurement, construction and maintenance of a multi-service logistics centre for a Quebec retailer;
  • Drafted, reviewed and negotiated construction, service and procurement contracts for a consortium of Canadian airports and provided strategic support in planning and structuring various projects;
  • Drafted, reviewed and negotiated a long-term concession agreement for a Canadian port authority;
  • Drafted, reviewed and negotiated contracts related to the development of a solar project in France for a Quebec-based equipment manufacturer;
  • Reviewed the main model contracts for a key manufacturer in the aeronautics industry and prepared training material for employees;
  • Drafted and negotiated tender documents and contracts for a pharmaceutical company’s plant expansion;
  • Reviewed tender and contract documents related to a renovation and expansion project for a religious community;
  • Reviewed and negotiated contracts on behalf of Pomerleau Inc. for the second phase of the public-private partnership of the Centre hospitalier de l’Université de Montréal;

Speaking Engagements

« Réaménagement des friches industrielles », McMillan Webinar

December 2024

« Palmarès - Cinq tendances législatives et réglementaires qui auront des impacts sur les PME manufacturières, Réalités manufacturières vers une économie sobre en carbone », Presentation

November 2024

Écoblanchiment et la Loi sur la concurrence

November 7, 2024

Panelist, "Tinker, Tailor Soldier, ESG: Environmental, Social and Corporate Governance", Canadian Transport Lawyers Association, Montréal

October 31, 2023

Co-Speaker, "Expropriation 2.0: Navigating the New Rules", Conference

October 22, 2024

« Introduction aux sites contaminés : comprendre les aspects clés pour assurer une gestion environnementale efficace », McMillan Webinar

September 2024

Co-speaker, « Intégrer de façon concrète les clauses environnementales et ESG dans le cadre de vos baux commerciaux et industriels », Baux Commerciaux

May 14, 2024

Québec Business Council on the Environment (CPEQ) webinar “Series on forms (Environmental Authorizations) – Impact Forms”

April 18, 2023

Québec’s Environmental Authorization Regime : Effective Management of Ministerial Authorization Application Forms, Québec Business Council on the Environment (CPEQ), webinar

May 31, 2022

New Application Requirements Under the Québec Environmental Authorization Regime, Québec Business Council on the Environment (CPEQ), webinar

November 17, 2021
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Teaching Engagements

  • Université Laval, Faculty of Law (2015 – present)

News


Media Mentions


Rankings & Recognitions

  • Recognized by Best Lawyers in Canada (2024) as a leading lawyer in the area of Environmental Law

Community Involvement

  • Member of the Board of Directors of the non-profit organization “La Vague” (2021 – present)
  • Member of the Board of Directors of the “La fille de laitier” Theater (2020 – present)

Directorships & Affiliations

  • Member of the Board of Directors of Fonds d’action québécois pour le développement durable (2022 – present)
  • Vice-President of the Board of Directors of La Caisse Desjardins, Rosemont-La-Petite-Patrie (2019 – present)
  • Member of the Executive Committee of Young Administrators of the Institute for Governance for private and public organizations (IGOPP) (2021 – present)
  • Secretary of the Board of Directors of the “Centre d’expertise et de recherche en infrastructures urbaine” (CERIU) (2019 – present)
  • Member of the Executive committee – National section Environment, Natural Resources and Energy of the Canadian Bar Association (2014 – present)

Education & Admissions

2014
Called to the Québec Bar
2021
Graduate Degree - Micro-program (Environment)University of Sherbrooke
2014
Certificate (Mining law)Osgoode Hall Law School
2012
BCL (Law)Université Laval
2012
International Exchange ProgramBucerius Law School, Hambourg, Germany

Publications

Insights (50 Posts)View More

Featured Insight

Plan for the Ban (Double Update Edition): Canada’s Proposed Roadmap to Extend the Life of Plastics in Electronics and a New Plastics Recycling Standard is Introduced

Ontario announced that it will be postponing the prohibition on landfilling excess soil from January 1, 2025 to January 1, 2027 under the excess soil regulation

Read More
Jan 30, 2025
Featured Insight

Class Actions in Quebec: A Surge in Environmental Law Private Actions Lays Additional Pressure on the Retail Sector

This bulletin discusses the rationale as well as the implications of recent environmental class action judgments in Québec for businesses and consumers.

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Jan 21, 2025
Featured Insight

Competition Bureau Releases Draft Greenwashing Enforcement Guidelines: A Pragmatic Approach

The bulletin highlights key elements of the Competition Bureau's draft greenwashing guidelines in respect of June 2024 amendments to the Competition Act.

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Jan 13, 2025
Featured Insight

Sale of Light-duty Combustion Vehicles Prohibited in Québec Starting in 2035

The Québec government adopted final regulations in December to prohibit the sale of passenger and other light-duty combustion vehicles in the province in 2035.

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Jan 4, 2025
Featured Insight

Acquisition Bans, Taxes and More: An Introduction to Farm-Based Bill 86!

This bill imposes restrictions on the acquisition of agricultural land by non-farmers and provides for a tax on uncultivated agricultural land.

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Dec 24, 2024
Featured Insight

COP29 Approves Long-awaited Global Carbon Market Standards: Opportunities for Canadian Companies

Part 3 of our carbon series explores COP29's potential impacts and opportunities

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Dec 16, 2024
Featured Insight

Proposed Zero-Emission Vehicle Sales Mandate for Heavy Motor Vehicles in Québec

The Québec Government is planning to expand its legislated zero-emission vehicle (ZEV) sales mandate law to include heavy-duty vehicles

Read More
Dec 13, 2024
Featured Insight

Unpacking Partnership Contracts in Quebec’s New Bill 62 Public Infrastructure Legislation

Bill 62 – An Act mainly to diversify the acquisition strategies of public bodies and increase their agility in carrying out infrastructure projects (“Bill 62”) was passed on October 2024 by the Québec National Assembly.

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Dec 11, 2024
Featured Insight

Managing Climate Risk with Insurance and Contractual Provisions

Carefully crafted contractual clauses and tailor-made insurance can help effectively manage the escalating risks posed by extreme weather.

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Dec 11, 2024
Featured Insight

Environmental Law and Brownfield Redevelopment: Key Legal Issues and Solutions

This webinar will cover the benefits of choosing a brownfield property for redevelopment and strategies and best practices for overcoming common environmental challenges through the planning and construction stages of a project.

Details
Thursday, December 5, 2024
Featured Insight

Plan for the Ban: New Guidance Released on Canada’s Federal Plastics Registry

The federal government recently published draft guidance on the Federal Plastics Registry.

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Nov 13, 2024
Featured Insight

New Mont-Tremblant Green Tax Targets Building Construction

A Québec municipality has just adopted a green tax that applies to new building construction, to offset the impact on carbon storage

Read More
Nov 8, 2024
Featured Insight

Conference – Expropriation 2.0: Navigating the New Rules

Take a practical look at the recent changes to Quebec's expropriation rules.

Details
Tuesday, October 22, 2024
Featured Insight

Understanding Contaminated Sites: A Primer for Effective Environmental Management

Join McMillan on Thursday, September 26th for a webinar on the key aspects of contaminated site management in the Canadian environmental law landscape.

Details
Thursday, September 26, 2024
Featured Insight

Plan for the Ban: Textile and Apparel Industry Consultation Opens on Canada’s Roadmap to Curb Plastic Waste and Pollution

Government of Canada consultation process to draft a roadmap to address plastic waste and pollution in textile and apparel industry.

Read More
Aug 26, 2024
Featured Insight

Urban Planning, Construction and… Birds!

Some municipal authorities in Canada, including Montréal’s Saint-Laurent borough, have adopted urban planning rules aimed at protecting the environment.

Read More
Aug 23, 2024
Featured Insight

Greenwashing and Canada’s Increased Regulation of Environmental Claims: The Latest Amendments to the Competition Act

The federal government has increased the regulation of greenwashing in Canada under the Competition Act and its impact on Canadian businesses.

Read More
Aug 22, 2024
Featured Insight

The Court of Québec Imposes A Near-Total Expropriation On A Municipality And Reiterates The Applicable Criteria

This bulletin discusses a recent Québec decision on expropriation and the expropriated party''s right to request a total expropriation.

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Aug 15, 2024
Featured Insight

Canada’s Updated Draft PFAS Report: The Latest on The Emerging Regulation of “Forever Chemicals”

Updated Draft PFAS Report and Revised Risk Management Report published by the Canadian government on the future regulation of PFAS.

Read More
Aug 2, 2024
Featured Insight

Plan for the Ban – Construction Industry Targeted in Canada’s Federal Plastics Registry

This bulletin discusses construction industry reporting requirements under the Federal Plastics Registry and who in the industry is obligated to report.

Read More
Jun 27, 2024
Featured Insight

What You Need to Know about Regulatory Impacts on Auto OEMs

Join us for a webinar where we will be discussing key updates, impacts and changes to the regulatory landscape for Original Equipment Manufacturers.

Details
Wednesday, June 19, 2024
Featured Insight

Plan for the Ban: Canada’s Federal Plastics Registry – Let’s Talk Reporting Obligations

Canada has published the final noticing establishing the Federal Plastics Registry, requiring companies to register and report on plastics supplied in Canada.

Read More
Apr 29, 2024
Featured Insight

First pilot project in Quebec aimed at granting an advantage to enterprises hiring indigenous peoples for the performance of a public contract

First pilot project in Quebec aimed at granting an advantage to enterprises hiring Indigenous peoples to perform a public contract.

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Apr 18, 2024
Featured Insight

Environmental Law: Recent Developments in Canada

Join McMillan on Tuesday, April 16th for a webinar highlighting recent developments in the Canadian environmental law landscape.

Details
Tuesday, April 16, 2024
Featured Insight

Environmental Protection: An Essential Consideration for Any Minor Exemption

The Quebec Court of Appeal quashed, on environmental grounds, a municipal resolution on a minor exemption

Read More
Feb 22, 2024
Featured Insight

Plan for the Ban: Canada’s Single-use Plastics Prohibition Regulations Remain in Effect Pending the Federal Court of Appeal Decision

The Court granted a stay to the decision in Responsible Plastic Use Coalition v Canada pending the appeal.

Read More
Feb 6, 2024
Featured Insight

Matters to Follow in Environmental Law in Québec (2024)

This bulletin presents developments to follow in environmental law in Quebec in 2024.

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Feb 5, 2024
Featured Insight

Plan for the Ban: Canada’s Draft Notice for Federal Plastics Registry Provides Additional Insights on Reporting Requirements

This bulletin discusses who and what will be required to be reported under the Federal Plastics Registry based on the Notice of Intent.

Read More
Jan 16, 2024
Featured Insight

Jumpstarting Zero-Emission Vehicle Adoption in Canada – Federal Government Publishes Final Regulations To Reach 100% ZEVs By 2035

Federal Government officially publishes regulations that will require 100% of new passenger cars and light trucks sold from 2035 to be zero emission vehicles.

Read More
Jan 9, 2024
Featured Insight

Montreal Large-Show Venue Ordered To Better Control The Noise It Generates

This bulletin summarizes a recent decision ordering the cessation of activities causing a noise-related nuisance

Read More
Dec 14, 2023
Featured Insight

Net Zero Plans Deserve Closer Attention Than They Are Getting

This bulletin provides guidance for companies on practices around net zero plans

Read More
Nov 29, 2023
Featured Insight

Plan for the Ban: What the Federal Court’s Decision ACTUALLY Means for Your Business – Your Questions Answered

The Court decision in Responsible Plastic Use Coalition v Canada struck down Canada's decision to add plastic manufactured items to the List of Toxic Substances

Read More
Nov 21, 2023
Featured Insight

Damage Caused By A Watercourse: Municipal Authorities May Sometimes Be Liable

This bulletin summarizes a recent decision confirming the liability of a regional county municipality for damage caused by a watercourse.

Read More
Oct 4, 2023
Featured Insight

The Core of Montreal’s Chinatown Receives Heritage Status: Process and Implications

This article explains the process and implications of heritage classification, and discusses the recent classification of Chinatown’s core.

Read More
Sep 6, 2023
Featured Insight

Commercial Real Estate Conference – Environmental Management of a Real Estate Development Project: How to Avoid Surprises?

Our Commercial Real Estate, Environment and Litigation teams, in collaboration with Nvira, a multidisciplinary engineering consultancy firm in environmental sciences, will discuss possible solutions at our next conference.

Details
Tuesday, September 12, 2023
Featured Insight

ESG Not Just ESG

This bulletin discusses the push for the inclusion of Indigenous considerations in ESG practices which could lead to the addition of "I" (ESGI).

Read More
Jul 25, 2023
Featured Insight

Canada Recognizes the Right to a Healthy Environment (and Other Amendments to the Canadian Environmental Protection Act, 1999)

Summary of amendments to Canada Environmental Protection Act introduced by Bill S-5, Strengthening Environmental Protection for a Healthier Canada Act.

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Jun 28, 2023
Featured Insight

Owners of Large Buildings in Montréal: Are You Ready to Make Your First GHG Report?

This article goes over the reporting obligations applicable to owners of large buildings in Montréal.

Read More
Jun 22, 2023
Featured Insight

Supercharging ZEV Sales in Quebec – Province Consults on Planned Updates to the Regulations

The Government of Quebec has announced new draft regulations that would update the province’s zero-emission vehicle (“ZEV”) standards.

Read More
Jun 14, 2023
Featured Insight

Environment Canada’s State of PFAS Report: insights into the future regulation of “forever chemicals”

The publication of the Draft State of PFAS Report marks a good step toward the development of additional PFAS regulations in Canada.

Read More
Jun 8, 2023
Featured Insight

Don’t Wing It – Implications for Project Proponents under Canada’s Species at Risk Act

This bulletin discusses the application of the Species at Risk Act, a federal environmental statute whose potential impact on private parties is overlooked.

Read More
May 31, 2023
Featured Insight

The Fisheries Act – Not just for fishermen!

This bulletin discusses the application of the Fisheries Act, a federal environmental statute whose far-reaching scope is often
overlooked.

Read More
Apr 21, 2023
Featured Insight

Major changes proposed to Quebec’s land use planning and development regime: focus on environmental impacts

This bulletin summarizes the proposed amendments to Quebec’s land use and development regime that have environmental implications.

Read More
Apr 3, 2023
Featured Insight

Québec Industrial Establishments Face Substantial Increase To Environmental Discharge Fees

This bulletin provides an overview of certain regulatory amendments that would increase fees for Québec industrial establishments.

Read More
Mar 15, 2023
Featured Insight

How to Identify the Proper Use Under Municipal By-Laws: Recap of Applicable Guidelines

This bulletin summarizes a recent Quebec Court of Appeal decision recapping the guidelines applicable to classifying a use under municipal zoning by-laws.

Read More
Feb 20, 2023
Featured Insight

Canada Enacts New Reporting Requirements under the Greenhouse Gas Reporting Program

This bulletin highlights key new reporting requirements under the federal Greenhouse Gas Reporting Program.

Read More
Feb 8, 2023
Featured Insight

Developer Wins Case Against a Montreal Borough After it Refuses to Issue a Construction Permit in the Context of a Site Planning and Architectural Integration Program (SPAIP)

This bulletin discusses a recent decision in which the court found in favour of a developer who sued a borough in connection with an urban planning matter.

Read More
Dec 7, 2022
Featured Insight

Montréal’s Sud-Ouest borough will start imposing a climate resilience factor for certain construction projects

This bulletin provides an overview of recent Sud-Ouest borough by-law amendments aimed at fighting climate change.

Read More
Nov 9, 2022
Featured Insight

A Zoning Amendment For Environmental Protection May Result In Disguised Expropriation

This article summarizes a recent decision regarding disguised expropriation arising from conservation rezoning.

Read More
Oct 31, 2022
Featured Insight

Green or Grey: Regulators Target Greenwashing, Misleading Environmental, Social and Governance (ESG) Claims

An overview of risks and best practices for companies in relation to environmental, social and governance (“ESG”) claims and disclosure.

Read More
Oct 19, 2022

Deals & Cases (3 Posts)

Featured Insight

McMillan advises FTAI Aviation in its USD$170 Million acquisition of Lockheed Martin Commercial Engine Solutions

On September 9, 2024, FTAI Aviation Ltd. completed its previously announced agreement to purchase the Commercial Engine Solutions business of Lockheed Martin at the Montréal airport, for USD$170 million. The completion of the acquisition was subject to satisfactory customary regulatory approvals.

Read More
Sep 9, 2024
Featured Insight

Bonterra Resources Inc. Completes CAD$8.5 Million Private Placement

Bonterra Resources Inc. (TSXV: BTR.V) (“Bonterra”) announced the closing of a brokered private placement of hard-dollar and flow-through units for gross proceeds of approximately $8.5 million. Eight Capital (“Eight”) acted as the lead agent and sole bookrunner on the private placement.

Read More
May 3, 2024
Featured Insight

Bonterra Resources Inc. Enters Into an Earn-In and Joint Venture Agreement with Osisko Mining Inc.

On November 28, 2023, Bonterra Resources Inc (TSXV: BTR) (“Bonterra”) executed a definitive earn-in and joint-venture agreement (the “Agreement”) with Osisko Mining Inc. (“Osisko”) for Bonterra’s Gladiator, Barry, Duke, and Lac Barry Projects.

Read More
Nov 28, 2023