Discontent and mobilization are growing on the issue of the mining industry in Quebec, and for excellent reasons.
Here is the increase, only between January 2021 and November 2022, of the surface area of the territories subject to mining concessions in certain regions: Lanaudière 408%, Outaouais 211%, Gaspésie–Îles-de-la-Madeleine 139%, Laurentides 71%. Quebec average: 40.6%… in 22 months. Obviously, elected municipal officials are urgently asking Quebec to better regulate the industry.
What are they asking?
The law theoretically allows cities to limit mining activity by identifying territories incompatible with this type of activity, but this law, no pun intended, is full of holes.
For example, the law does not allow a city to protect all agricultural land against the installation of a mine, but only so-called “dynamic” agricultural land, that which is currently being exploited. The others are at the mercy of the mining companies.
Another issue: it is the municipality that must prove that the mining activities are incompatible with the uses on the territory. In other words, a priori, we can ransack nature to make a mine, unless the municipality proves that it would harm certain human activities. The government should transfer the burden of proof to the mining companies, that should go without saying.
But that’s not all. This need to demonstrate the presence of significant human activities in order to be able to exclude land from areas that can be exploited by mining leads to absurdities.
The example of Mont Rigaud is quite eloquent. The mountain is a sensitive area for the water supply for nearly 100,000 people and it is a green space that the MRC Vaudreuil-Soulanges wants to protect. For years, the MRC, with several other partners, including the Government of Quebec, has been buying land to protect Mount Rigaud from future real estate projects. Result: there are no recreational tourism facilities or real estate developments near the targeted areas… so the MRC cannot include them in territories incompatible with mining activity!
Let’s go on. The protection of the landscapes and the sound environment are not accepted criteria for excluding a territory from the exploitable zone. Resort sectors and the outdoor industry are therefore threatened.
For example, the MRC de Papineau wanted to protect Lac Écho, a jewel of the Papineau-Labelle wildlife reserve, rich in recreational tourism activities. She proposed adding a one-kilometre protective strip around the lake to protect the landscape and the sound environment. Impossible: the beauty of the place and its calm are not admissible criteria to prevent a mining company from settling there.
Finally, municipalities have no power over acquired rights either. They are asked to live with the mining concessions already allocated rather than being given the means to get rid of them.
The fundamental flaw of Mining Act is that it places the private interest above the public interest. Indeed, the Mining Act takes precedence over the Planning and Town Planning Act. It’s like the era of iron at a penny a ton.
Collectively, we therefore favor mining activities to the detriment of municipal, forestry, agricultural and resort activities. Is this really what we want as a society?
Municipalities are aware of the importance of making room for the mining sector. The MRC of Papineau, one of the most militant, has protected, with the current rules, 51% of its territory. She would like to protect 11% more, which would leave a playground of 1200 km2 to mining. This is generous for an MRC whose identity slogan is The land of green gold.
Quebec is one of the few states in the world where practically all minerals are found. Cities know that it is in our interest to exploit this immense potential, especially since the alternative is often the import of Chinese minerals. They are not against mines, they want their exploitation to respect nature (water, landscapes) and local communities.
Land use planning is a core competence of municipalities. They are also experts in arbitrating between different uses on their territory. They are the place where citizens can most easily express themselves. One of the relatively simple ways to address their concerns is to prioritize Planning and Town Planning Act on the Mining Act…which would also bring us into the modern era in terms of the principles that should guide us!
Finally, Quebec itself needs to give itself new powers… Currently, it cannot even revoke a mining concession for reasons of public interest such as the conservation of natural environments or respect for Aboriginal rights!
Mr. Legault often repeats that there will be no mine if there is no social acceptability. To achieve this acceptability, cities, Aboriginal communities and the Government of Quebec itself must have the means to protect their territory, our territory for all.