The bill on the primacy of Quebec in the environment takes a new step

(Quebec) The Legault government and all the opposition parties voted on Tuesday for the principle of a law that affirms the primacy of Quebec’s jurisdiction in environmental matters.

Posted at 6:46 p.m.

Patrice Bergeron
The Canadian Press

Bill 391, proposed by PQ MP Sylvain Gaudreault, has thus taken a new step. It would give “exceptional power” to Quebec, in his words.

It is extremely rare for the government to vote in favor of the principle of an opposition bill in this way. But there are still steps to be taken in parliamentary committee before the text becomes law.

Ironically, the principle of this bill was passed by the National Assembly the day Ottawa threatened Quebec with direct intervention if it did not sufficiently protect the caribou herds on its territory.

This short legislative text affirms that the laws of Quebec prevail concerning certain projects designated by the government: Quebec would therefore be the only one to be able to decide what is done on its territory and would be the only one to be able to authorize projects, activities, undertakings, in sectors such as transport, natural resources, etc.

The environment is a shared jurisdiction in Canada between the federal government and the provinces, which gives rise to disputes and conflicts between governments.

“We give priority in interpretation to the rules that flow from Quebec’s legislative and constitutional jurisdiction in matters of the environment,” summed up the PQ member for Jonquière in a debate in the House.

“It’s a form of veto power” of Quebec in projects designated by the Government of Quebec.

In particular, he recalled that the Minister of the Environment had already had to appear in Ottawa before a Senate committee, therefore before non-elected members, to defend Quebec’s jurisdiction in the area of ​​the environment.

“We have a government that is making a way of the cross, pleaded Mr. Gaudreault. That the government goes to the end of its competence. »

And about the caribou, he insisted that his bill is not intended to relieve Quebec of its responsibilities or to exempt the government from accountability.

“It’s called the Spider-Man principle. When Peter Parker discovers his powers, he is told by his godfather: with great powers come great responsibilities. »

Thanks to this bill, Quebec could also refuse interprovincial hydrocarbon transport projects, a field that is currently under federal jurisdiction.

Or, Ottawa could not pursue an environmental assessment process for a project and authorize it while Quebec has already refused it.

This was the case for GNL Quebec’s controversial Énergie Saguenay project. The Legault government had refused the environmental authorizations required for this natural gas liquefaction plant and LNG terminal project following an unfavorable report from the Bureau d’audiences publiques sur l’environnement.

However, the Impact Assessment Agency of Canada continued its study on its side, at the request of the proponent.

Bill 391 must now be studied in parliamentary committee, but the schedule of the Committee on Transportation and the Environment is busy and it seems unlikely that the bill will pass by the time the House is dissolved. .


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