This text is taken from Courrier de la planete. Click here to subscribe.
Everything indicates that the Trudeau government will not prevent Northvolt from destroying the habitat of endangered species to build its mega-factory, even if these species are protected by federal law. The reason: it is private land.
The site, currently fallow and comprising wetlands, also serves as a habitat for several vulnerable or threatened species. In all, 13 species listed on the federal list of species at risk — and therefore protected by the Species at Risk Act (SARA) — have been recorded there.
This is particularly the case for the spiny softshell turtle and the little brown bat, two “endangered” species, the most critical status in the legislation. However, the presence of these species on the site, and therefore of suitable habitats to contribute to their survival, is not enough to oblige the government to protect them.
Under SARA, it is “prohibited” to kill or capture an individual of a species listed as “threatened” or endangered. It is also forbidden to “harm” it or “destroy the residence”, for example the nest. But these prohibitions automatically apply only “on federal lands”, specifies Environment and Climate Change Canada (ECCC) in a written response to questions from Le Devoir.
The general director of the Society for Nature and Parks, Alain Branchaud, confirms the situation which prevails on private lands. “As things currently stand, there is no explicit ban on destroying their habitat that is in force,” he emphasizes. The biologist adds that in the case of the Quebec government, the regulation which allows their habitats to be protected, namely the Wildlife Habitat Regulations, “does not even apply to private lands”.
The Northvolt company says it has made a “complete inventory” of the threatened species found on the site of its future factory. But she refused to send Le Devoir the reports that would have been written. The company also says that it is already “working” with Quebec “to relocate, or recreate and develop protected areas to ensure the viability of these species.” However, it is “too early to share the details of this approach”.
Nesting
The site of the future factory is also used or frequented by at least 142 species of birds. Of these, at least six are considered threatened under SARA. Some are or are believed to be nesting on the site, which has some of the last wooded areas in the region.
In this context, the promoters of the industrial project will have to respect the provisions of SARA, but also of the Migratory Birds Convention Act of 1994. The latter formally prohibits “harming migratory birds and disturbing or destroying their nests or eggs, anywhere in Canada”.
This means that tree cutting and site preparation work for the construction of the factory must not contravene these provisions. However, “a developer can raze everything without being bothered when the nesting is finished,” specifies Alain Branchaud. The habitat that was previously used by these species of birds may therefore be destroyed, but once the chicks have left the nest, or before nesting begins in the spring.
Wastewater discharges
Furthermore, ECCC and Fisheries and Oceans Canada confirm, in written responses to our questions, that Northvolt will be able to discharge water used in the industrial processes of the battery component plant into the Richelieu River.
The company “does not have to obtain authorizations” under the “pollution prevention” provisions of the Fisheries Act, but it must comply with provisions of this legislation. It is therefore prohibited to “discharge a harmful substance” into waters where fish live, such as the Richelieu River.
What volume of water will Northvolt use? What contaminants could this water be in contact with? “It is currently, and at this stage of the project, impossible to provide this precise data. Northvolt is already committed to respecting current environmental regulations,” the company responds by email. “Less than 10% of the water used will be in the manufacturing process. This water will be treated on site and mainly reused in a closed circuit,” explains the multinational.
This issue of water management at the factory, which will be built upstream of drinking water intakes, would have been dealt with as part of an impact study of the project. But for the moment, everything indicates that the project will escape the evaluation procedure provided for in Quebec for large industrial projects and which would include the carrying out of a study of environmental impacts.