At the end of 2024, the Ministère de l’Environnement du Québec (Quebec’s department of environment) introduced a bill to amend several laws related to the environment. Among other goals, Bill 81 aims to simplify certain processes, like adopting municipal by-laws or authorizing projects. What can we expect if this bill moves forward?
Bill 81 is an “omnibus bill”, meaning it proposes to change multiple laws related to a single topic – in this case, the environment. Through this bill, the Ministère de l’Environnement aims to change 13 laws that touch on six key environmental issues, like the protection of water and flora, environmental impact assessments, and municipalities’ power to adopt by-laws on environmental matters.
Find out more about Bill 81’s proposed changes.
The government will incentivize more electric trucks to support the climate and energy transition
Manufacturers of electric and hydrogen trucks could receive credits when they sell or lease new vehicles. This program is already in place for manufacturers of electric cars. The goal is to increase the number of zero-emission vehicles.
Projects that threaten water and flora could be approved
The Minister of the Environnement will be able to approve projects that damage wetlands and bodies of water, such as marshes, lakes and watercourses. However, companies will have to show that they minimize harm “as much as possible”. Currently, the government can authorize such projects only if they cause no harm to these sites.
Additionally, the Minister of the Environnement will have the power to allow activities such as harvesting, exploiting or destroying threatened or vulnerable plants, as long as these activities don’t endanger the species’ survival. The current law prohibits these activities but allows the Minister to approve activities that alter these plants’ habitat.
Projects could start prior to environmental impact assessments
Bill 81 will also allow the Minister of the Environnement to approve preliminary work on government and Hydro-Québec projects before an environmental impact assessment is done, provided certain conditions are met. For example, the Minister could approve the construction of roads and work camps.
Municipalities will have greater power to adopt bylaws
Municipalities will gain greater autonomy over environmental matters. They will no longer require government approval to adopt certain bylaws. However, these bylaws must remain consistent with provincial environmental laws.
The government will have more tools to manage waste
The government will be allowed to adopt regulations that limit or ban the sale or distribution of products that are difficult to recover or recycle. It will also have the power to adopt more regulations aimed at reducing, recovering, and reusing waste materials.
Prohibited activities will be punished more harshly
Bill 81 will multiply the minimum fines by ten for companies engaging in prohibited activities. Currently, these fines range from $3,000 to $30,000, depending on the offence. Additionally, the government will have the power to reject projects from companies that are guilty of certain offences or crimes.
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Did you know? When making decisions that impact the environment, the government must follow the “avoid-minimize-compensate” approach. First, it must avoid environmental harm. If that’s not possible, it must minimize it. As a last resort, it must compensate for harm caused. This approach is rooted in the principle of prevention, a concept in international law and sustainable development. It requires the government to prevent environmental harm that science shows to be certain and foreseeable. Environmental harm is broad, and can include damage to biodiversity and ecosystems, as well as to human health and safety. |