Montréal, January 28, 2025 – The Centre québécois du droit de l’environnement (CQDE) is deeply concerned about several provisions of Bill 81, An Act to amend various provisions relating to the environment, which will be the subject of study in the National Assembly beginning this week. The organization is therefore calling for a change of approach and the withdrawal of certain highly problematic provisions.
Despite a number of positive measures, including the granting of greater leeway to municipalities wishing to adopt environmental protection by-laws and the strengthening of certain environmental control measures, the CQDE points out that, overall, the prosed legislation weakens the current legal framework. In its brief and in the context of its specific consultations, the organization draws attention to three issues in particular.
Environmental assessments: weakening the legal framework
Bill 81 allows the government to authorize “preparatory work” on certain high-risk environmental projects, even before an environmental assessment has been completed. The CQDE considers that the guidelines governing the use of this power are too broad and could lead to irreparable environmental damage without proper assessment.
By introducing the possibility of conducting regional or sectoral assessments, the proposed legislation also gives the government the power to lighten the environmental framework for projects slated for implementation within a given region or sector. In particular, this discretionary power could lead to the exemption of certain high-risk projects from the environmental impact assessment and review procedure (PEEIE), and therefore from the BAPE.
“Bill 81 would make the existing environmental authorization system more flexible, or even allow it to be circumvented altogether, by making it possible to start work even before a project’s impacts have been examined, and by opening the door to special privileges for projects resulting from a regional assessment. These proposals undermine the foundation of Québec’s environmental legislative framework, which is based on the principle of prevention,” asserts Geneviève Paul, Executive Director of the CQDE.
Compensation rather than protection of natural environments
In terms of both the protection of living species and the conservation of wetlands and bodies of water, Bill 81 emphasizes compensation measures to the detriment of protection-oriented initiatives. At a time when recent data show a resounding failure to achieve the goal of zero net loss of wetlands and bodies of water in Québec, the government is moving even further away from the principle of avoidance.
“Relying on compensation rather than avoidance measures is a strategy recognized as ineffective and risky. Natural environments are not interchangeable. Each loss represents an irreversible impoverishment for biodiversity and for future generations,” emphasizes Geneviève Paul.
Easier to harm threatened and vulnerable species
Bill 81 extends the discretionary powers of the Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks (MELCCFP), enabling this Cabinet member to authorize damage to threatened and vulnerable plant species.
“The proposed legislation weakens the current legal framework, which is already inadequate in both its current form and its implementation. We’re taking a step backwards when we should be taking two steps forward. Now is not the time to regress,” concludes Geneviève Paul.
The CQDE is calling for Bill 81 to be revised, making various recommendations to minimize its impact on the environment and urging the government to place the environment and democracy at the heart of its legislative priorities. It brought this message to the Committee on Transportation and the Environment today.
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