A commercial tenant may be subject to different environmental obligations depending on the nature of its activities, the characteristics of the leased premises, applicable laws and regulations, and the provisions of the bail.
The lease may, in particular, require the tenant to comply with environmental standards applicable to its activities and not to use, store, discharge or handle substances in a manner contrary to the law or the conditions stipulated in the lease.
It may also include obligations regarding the prevention of contamination, the reporting of certain incidents, the restoration of the premises, or liability for contamination attributable to the tenant's activities.
Certain environmental obligations may also apply directly to the tenant under Quebec legislation, independently of the lease terms. Depending on the circumstances, these may include preventing contamination, reporting an incident, or characterizing and rehabilitating a site.
Before signing a lease, depending on the nature of the building, its previous use, and the activities that will be carried out there, it may be advisable to verify the environmental status of the premises. In certain circumstances, an environmental assessment can provide better documentation of their condition before taking possession.
This verification can be particularly important when the activities carried out on the premises present environmental risks or when the history of the building raises particular concerns.
The tenant should also carefully check the lease clauses that allocate environmental responsibilities between the landlord and the tenant, particularly those concerning contamination prior to their occupancy and that which may result from their own activities.