Bill 81 does not focus on ways to avoid and minimize the destruction of wetlands.
Fondation Rivières has submitted a memorandum in response to Bill 81 (PL81), which proposes a reform of several areas of environmental regulation under the Ministry of the Environment, Climate Change, Wildlife, and Parks (MELCCFP). We presented our memorandum to elected officials and the Minister of the Environment, Benoit Charrette, during the parliamentary commission on PL81, which took place in Quebec City on January 29.
Bill 81 is a reform affecting several environmental laws, including those governing the protection of wetlands and aquatic environments (e.g. Loi sur l’eau, Loi sur la qualité de l’environnement, etc.). Rather than focusing on protection, the primary objective of the changes introduced by Bill 81 is to streamline and expedite the administrative processing of authorization requests, as well as to accelerate the restoration and creation of wetlands and aquatic environments across the territory.
These changes aim to improve efficiency, particularly in compensation programs, but they do not address the core issue: the proper protection of wetlands and aquatic environments in Quebec. Net losses of wetlands have not decreased—on the contrary—as revealed by our analysis of MELCCFP data from June 2017 to February 2024. This data covers all projects authorized by the MELCCFP that have caused disturbances in wetlands, as well as funded restoration projects, including feasibility studies and restoration implementation.
Our concern is that the wording in the new version of the regulations appears to weaken the requirement to demonstrate the possibility of avoiding the destruction of wetlands and aquatic environments.
The avoidance measure must be clearly defined as a priority in the assessment of development projects. Projects should be required to demonstrate that no alternative locations are available for development and justify this in their authorization requests to the MELCCFP.
A Restoration and Compensation Process That Doesn't Work
The Minister of the Environment himself, Benoit Charette, has acknowledged that the protection of wetlands and the compensation processes for their destruction have "proven [their] inefficiency." Our analysis of MELCCFP data on authorized destruction projects between June 2017 and February 2024 reveals that out of 760 hectares of wetlands destroyed, less than 30 hectares have been effectively restored. The actual number of restored hectares is likely even lower, as some areas were not accurately assessed by the ministry, according to the Commissioner for Sustainable Development.
This inefficiency in the financial compensation program results in a rapid surge in destruction authorizations since the end of COVID-19 lockdowns, peaking at 200 hectares in 2022.compared to an average of approximately 75 hectares destroyed in previous years.
Up until now, when a developer's project affects an area with multiple special statuses (e.g., wetland, wildlife habitat), each of these characteristics must be individually compensated. For example, Northvolt had to commit to compensating both lthe wetlands and aquatic environments (MHH), as well as the wildlife habitats located on the site of its factory. This will no longer be the case under the new regulations.
This approach seems reckless to us, as failing to consider all the key characteristics of an environment opens the door to partial and incomplete compensation for these areas. Scientific studies already show that while a restored environment may fulfill important ecological functions, it is often less rich in species diversity, particularly for certain native species with specific habitat needs. Furthermore, the ecological functions of restored sites are generally weaker (e.g., carbon storage, species abundance and diversity) compared to the natural reference state of untouched sites.
