Numbers as a “red flag”

A reform of the environmental authorization system raises serious concerns in Quebec. Since 1^er January 2021, the Ministry of the Environment accepted more than 12,000 projects: 40% of them got the green light under the authorization process relating to activities with moderate environmental risk, but 60% did not were not evaluated by Ministry officials, reveals an analysis carried out by The Press.

The Ministry of the Environment “accepted” the majority of projects after submitting a simple declaration of conformity, a procedure provided for activities presenting a low environmental risk.

We are talking about projects near wetlands, others in the critical habitat of a threatened species or even increases in phosphorus production.

“This proportion [60 %] highlights the fact that it is becoming essential to take stock of the conformity declaration mechanism and make the necessary adjustments, says Marc Bishai, lawyer at the Quebec Environmental Law Center (CQDE). And there’s a very good chance that there are several adjustments needed to be made right now. »

Cut to contour

With the new rules, developers and everyone can now cut up their projects to circumvent the law and thus speed up the process. Instead of submitting an authorization request for an entire project, a developer can file several separate declarations.

These requests concern works which individually present a low risk to the environment. But when this work adds up, the picture changes, environmental groups warn.

This is what happened in 2021 when the City of Longueuil filed three declarations for waterworks with a view to extending a boulevard in the essential habitat of a threatened species (see other text).

“The ecosystem of applicants is in the process of adapting,” says Alain Branchaud, biologist and general director of the Society for Nature and Parks, Quebec section (SNAP Quebec). There is a red flag that must be raised with these figures. »

Faster

Faced with the administrative burden, Chantal Savaria, president of Savaria Experts Conseils, a consulting firm, is categorical. “If we can, we will avoid working with the Ministry, that’s clear. If we can avoid it legally, by doing something else, we will definitely do it. Who wants to take a year of their time when there are projects that could be completed in three months? »

Lawyer specializing in environmental law, Jean-François Girard confirms this trend. “Lawyers in large firms are masters in the art of cutting up the law to avoid having to go through ministerial authorizations. »

Remember that Quebec modified its authorization regime in 2020, allowing promoters to avoid the ministerial authorization process, considered complex and too long, for low-impact projects. The regulation on the supervision of activities based on their impact on the environment (REAFIE), adopted on December 31, 2020, introduced the declaration of conformity.

Promoters only have to fill out a simple form of a few pages describing the broad outlines of the project. Work can begin 30 days after submission of the declaration of conformity. As of 2021, this new expressway has attracted the favor of applicants, who have filed more than 2,000.

By email, the Ministry of the Environment specifies that a review of the new authorization regime is planned after five years, and that the Ministry “has therefore started an exercise for this purpose recently”.

But M^e Bishai insists: this assessment should not be carried out in isolation. “Public participation is a key element for the success of a reform of this type. »

A plus for the environment?

“There are clearly situations where declarations of conformity should rather be ministerial authorizations,” insists Marc Bishai.

The regulatory reform aimed to respond to complaints from applicants concerning authorization deadlines that were far too long, recalls lawyer Jean-François Girard. “I’m not against the idea. Having sometimes been on the other side, it’s really sad how ineffective it is [au Ministère]. »

The issue cannot, however, be reduced to a simple accounting exercise, underlines M^e Girard, who is also a biologist. Activities that are supposed to have a small impact can actually have significant consequences, he says. “The environment is dynamic balances. With the effects of climate change, modifications to dynamic balances are regular and rapid. »

“Now the question is whether the environment is better protected [avec cette réforme]less protected or as much protected if we compare with what existed before. I think we can ask ourselves the question,” says Jean-François Girard.

With the collaboration of Jean-Hugues Roy, The Press