The Quebec Ministry of the Environment refuses to disclose the request for renewal of ministerial authorization submitted by the Horne Foundry for the pursuit of its activities, a document which should however be public.
Posted at 8:15 p.m.
The ministerial authorization, formerly known as the “remediation certificate”, is the mechanism that makes it possible to derogate from the Environment Quality Act (EQL), which prohibits, in principle, pollution.
That of the Horne Foundry expires next December; the company belonging to the multinational Glencore submitted its renewal application on May 20, the government indicates.
This document details in particular the contaminants that the company plans to emit over the next five years as well as the thresholds that it proposes not to exceed.
“Just that, basically, it’s information that should be known,” says the lawyer at the Quebec Center for Environmental Law (CQDE) Anne-Sophie Doré.
She deplores this lack of transparency, recalling that the Environment Quality Act (LQE) recognizes the right to a healthy environment.
It’s like saying to people: we’re going to infringe your rights, but we won’t tell you how, that’s none of your business.
Anne-Sophie Doré, lawyer at the CQDE
The reform of the EQLadopted in 2017, provided that ministerial authorizations, renewal applications and documents filed in support of these applications, among other things, be public, recalls the lawyer – exceptions are provided for commercial reasons such as industrial secrecy.
“We are disappointed, because we have been promised a lot of transparency”, declared to The Press Mireille Vincelette, co-spokesperson for the Rouyn-Noranda Waste and Toxic Emissions Stop Committee (ARET).
“These are documents that we shouldn’t even have to ask for, they should be tabled, accessible to everyone,” she said, lamenting the government’s “lack of consistency”.
Five years later, no register
A register allowing the public to obtain these documents was also to be created, indicated the reform, but five years later, its creation is still not finished.
“The future public register, as provided for by the reform of the EQLwill be in effect when the government has set the date of entry into force of this new public register”, indicated to The Press the spokesperson for the Ministry of the Environment and the Fight against Climate Change (MELCC), Sophie Gauthier.
Issues concerning “the stability and security of the service’s functionalities” are delaying the creation of the registry, said the press secretary for Minister Benoit Charette, Rosalie Tremblay-Cloutier.
“This is a major project and several steps remain to be completed before the public register is fully completed,” she told The Press.
Lawyer Anne-Sophie Doré sees it more as a symptom of the lack of resources affecting the MELCC.
“The Ministry is overwhelmed, it is not even able to respond to access to information requests in a timely manner,” she said. It’s a double trap for anyone who wants to know what’s going on, what other contaminants are being emitted. »
A consultation “on the sly”
The previous renewal of the decontamination certificate for the Horne Foundry, in 2017, had been done discreetly, recalls the Regional Council for the Environment of Abitibi-Témiscamingue (CREAT), which calls for a more transparent exercise, this time.
The government had held a public consultation “on the sly”, in the middle of July and August, “very little publicized” and complex, remembers Clémentine Cornille, director general of CREAT.
The documentation was only available at the municipal library, it had to be consulted on site and there was a ban on making copies. Everything to discourage participation in this consultation.
Clémentine Cornille, Director General of CREAT
Only the CREAT had also made comments at the end of this public consultation, underlines Mr.me Cornille, who invites the population to participate in large numbers, this time.
Quebec defended itself by explaining that the Environment Quality Act — since reformed — did not allow him to require the publication of the documents on the Internet and that his proposal to do so had been rejected by the Horne Foundry.
The Ministry of the Environment had not indicated to The Press the next steps in the renewal of the Horne Foundry’s ministerial authorization, at the time of this writing.
No new requirements for 12 years
The Horne Smelter has been able to carry out its activities for 12 years without tightening the requirements concerning its emissions of arsenic into the air, shows its current decontamination certificate, issued in 2017, and the previous one, issued in 2007. This pollution permit must normally be renewed every five years, but the process of renewing the certificate issued in 2007, which began in 2012, itself stretched over five years, so that it was not until 2017 that it was renewed. The Horne Smelter was then required by the previous Liberal government to reduce its arsenic emissions to 100 nanograms per cubic meter (ng/m3) from 2021. The previous limit of 200 ng/m367 times higher than the Quebec standard of 3 ng/m3, had been in effect since 2009, as stipulated in the 2007 remediation certificate. CQDE). “The Ministry tends to provide many, many support to applicants […] so that everything goes smoothly in the application process,” she observes.
Chronology of the search for a public document
June 28: The Press requests a copy of the Horne Foundry’s renewal application from the Ministry of the Environment and the Fight against Climate Change (MELCC).
June 30th : The MELCC indicates that it has transferred the request for The Press to the service of access to information “in order to speed up the processing”, declares its spokesperson, Sophie Gauthier.
July 20: At the end of the legal deadline for responding to requests for access to information, the MELCC sends a notice to The Press indicating: “We will not be able to process your request within the twenty-day period provided [par la loi]. »
July 21: The Ministry informs The Press have a “duty to consult” the Horne Foundry to determine if the document can be forwarded. “A maximum period of 35 additional days is granted to us [en vertu de la loi] to respond to your request, which postpones the communication of our decision until August 26, 2022 at the latest, ”writes the Ministry.
Learn more
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- 1032ng/m3
- Average annual concentration of arsenic in the air around the Horne Smelter in 2000
Source: Ministry of the Environment and the Fight against Climate Change