Threatened or vulnerable species | Quebec is in no hurry to reform its law

The Legault government is not “closed to the idea”, but has no timetable in sight for reforming the Threatened and Vulnerable Species Act adopted 33 years ago. And Quebec shows no rush to modify its regulations on wildlife habitats despite consultations that began six years ago.


If the Government of Quebec was a forerunner in 1989 with the adoption of a law intended to protect endangered species, it has since been overtaken, among others by the federal government and its Species at Risk Actwhich came into force in 2002 and is much more restrictive.

However, despite repeated requests from several environmental groups, the government of François Legault is in no hurry to reform Quebec legislation.

During his visit to the Palais des Congrès de Montréal on Tuesday, where COP15 is being held, the Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks, Benoit Charette, did not want to take any clear commitment on this subject.

In terms of legislative changes, we are in the process of examining everything. We are absolutely not closed to the idea, but we had to go with some updating first, which had not been done in terms of wildlife species since 2009.

Benoit Charette, Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks

“It’s a brand new mandate that begins for the government, with lots of challenges. We know we won’t have time to get bored, so it’s something we’re evaluating on our side,” he added.

Missed opportunity

According to Alain Branchaud, biologist and general manager of the Society for Nature and Parks in Quebec (SNAP Quebec), “Quebec could have made a strong gesture at COP15 by announcing its intention to reform the Threatened and Vulnerable Species Act “. ” The Minister [Charette] could have at least confirmed its intention to modernize the law, especially since it is very far from the international standards in force,” adds Mr. Branchaud.

He welcomes the addition of new wildlife species to the list of endangered species in Quebec, “a gesture that goes in the right direction, but which, in fact, does absolutely nothing for the protection of these species”.

Remember that the Government of Quebec recently updated its list of threatened or vulnerable species, which had not been reviewed since 2009. New species have been added to the register and the status of the Western chorus frog West has moved from “Vulnerable” to “Threatened”. No changes have been made for caribou, however, despite threats from indigenous groups to take the matter to court if new protection measures are not rolled out.

However, without a reform of the law, endangered species in Quebec will not be further protected by a simple status, believes Alain Branchaud. For example, Quebec could quickly modify its regulation on wildlife habitats to extend it to private lands, he points out.

Such an amendment would allow Quebec to better protect species such as the western chorus frog, for example, whose habitats are very often found on private land. Remember that this species has benefited from two emergency decrees from the federal government in five years to stop projects that had been authorized by the Quebec Ministry of the Environment, even if the chorus frog was listed in the Quebec registry. threatened or vulnerable species.

Such a reform of the regulations has been in the boxes of the Quebec government since 2016, recalls Anne-Sophie Doré, lawyer at the Quebec Center for the Environment (CQDE).

“All the work has been well started. There were thoughts. Consultations have been carried out. Six years is a long time,” says Me Golden. The CQDE says it is still waiting for a text proposal for a new draft regulation.

As for a reform of the law, “the door was wide open for the Minister [Charette] make an announcement”, believes Anne-Sophie Doré.

“The Minister could start a reform project now [de la loi] by forming a committee for this purpose. We don’t have to wait,” adds Alain Branchaud.

“In 1989, Quebec was a precursor. We were among the first in North America to adopt a law on endangered species, recalls Mr. Branchaud. Currently, it is not a government priority, but we think it should be. Quebec could see an urgency to modify the law. »


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