Martin Thiboutot Photo
Martin Thiboutot Photo
Martin Thiboutot Photo

Martin Thiboutot is an experienced and respected lawyer whose practice covers a wide range of environmental, natural resources and energy matters. Martin’s broad regulatory expertise is primarily focused on commercial arrangements and transactions for companies from various sectors. In particular, Martin provides counsel on compliance and regulatory issues relating to environmental protections, stewardship, contaminated land and natural resources management. He assists clients on environmental, natural resources and energy aspects of commercial and real estate transactions as well as environmental litigation. He also has significant experience with renewable energy and transmission projects. Earlier in his career, Martin was involved in drafting and negotiating agreements for several construction and infrastructure projects.

Martin is a current lecturer at the University of Laval’s Faculty of Law, teaching courses on Energy Law, Environmental Law and Sustainable Development.

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



Representative Matters

Environment, Municipal, Energy and Natural Resources 

  • Acted for a technology client in its acquisition of a data centre and provided post-acquisition support for assessing environmental compliance of acquired activities;
  • Assisted commercial clients in the environmental management of several sites following discontinuation or change of use of certain activities;
  • Acted for a client in a bid process for the acquisition of a portfolio of renewable energy projects;
  • 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;
  • Assisted a client in the waste industry with various environmental issues;
  • Counselled and performed verification on energy regulatory matters in Quebec;
  • Counselled and performed verification on municipal regulatory matters, including zoning;

Construction, Procurement and Infrastructure

  • 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

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

October 21, 2023

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

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

  • Impact of Canadian Plastics Regulation on U.S.-Canada Trade,” Co-Authored with Talia Gordner and Julia Loney, American Bar Association (May 6, 2024)
  • Grille d’analyse pour le droit du Québec : Aspects historiques, pratiques et théoriques,” co-author with Julie McCann and Denis Le May. Wilson & Lafleur (2022)
  • “Qualité de l’air,” co-author, JurisClasseur Québec, collection Droit de l’environnement, fasc. 20, Montréal, LexisNexis, 2017 (updated in 2021).
  • “Le Régime contractuel de l’État,” co-author, JurisClasseur Québec, collection Droit administratif, fasc. 19, Montreal, LexisNexis, 2013 (updated in 2022).
  • “Documentation juridique : recherche, rédaction et référence,” co-author, Wilson et Lafleur (2019)

Insights (29 Posts)View More

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.

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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

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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.

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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.

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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.

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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

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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

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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

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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.

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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.

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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).

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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Oct 19, 2022