Analysis of the wetland compensation program: a failure and Bill 81 does not solve the problem

PRESS RELEASE

SOURCE: FONDATION RIVIÈRES

Montreal, January 29, 2025 –

The mechanisms put in place by the Ministry of the Environment do not protect Quebec's wetlands and water environments from destruction. The number of wetlands destroyed has increased alarmingly since 2020, from around 75 ha/year to almost 200 ha/year. This is what reveals an analysis by the Rivières Foundation, made public in a PowerBI report, the conclusions of which feed into its brief which will be presented by the Parliamentary Commission which is examining Bill 81 this Thursday at 5:30 p.m. The analysis presents data on the Department's wetland and water restoration program between August 2017 and February 2024; it allows us to know the surface area of wetlands and bodies of water destroyed and restored by region, as well as the amounts of financial contributions paid by broad types of sectors and by companies.

A compensation process that does not work

The “avoid-minimize-compensate” approach stipulates that we must first avoid, then minimize damage to wetlands, rather than paying financial compensation for their destruction. Between 2018 and 2023, only 30 ha have been restored, compared to 760 ha destroyed. In other words, we authorize the destruction of wetlands and bodies of water without knowing if they will one day be restored. Furthermore, the Department has no mechanism allowing it to evaluate the measures taken by developers to avoid and minimize their impact on wetlands and bodies of water.

PL81 aims to facilitate and accelerate the administrative processing of authorization requests and to accelerate the restoration and creation of wetlands and bodies of water in the territory. To do this, the Department wishes to relax the requirements for the restoration site by allowing a wetland destroyed in one region to be restored in another region. This provision is worrying, because it could allow a destroyed wetland to be compensated in a remote area, whose characteristics (biological, physical, functional) would be different from the destruction zone.

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PL 81 also intends to allow partial restorations of destroyed environments, since it would allow only one of the characteristics of an environment to be restored, even if this environment was until now compensated for several of its characteristics (wet environment, wildlife habitat, etc.). For example, Northvolt had to commit to compensating both the wet and water environments (MHH), as well as the wildlife habitats located on the site of its factory. This would no longer be mandatory with the new regulations.

Currently, no region is reaching the required restoration levels. In Montérégie, more than 92 ha were destroyed between 2017 and 2024, while wetlands cover only 0.1% of its territory. To date, only 4.3 ha have been replaced, which is insignificant in a region that is home to many threatened and vulnerable species (more than 170).

About the Fondation Rivières

For over 20 years, the Fondation Rivières has worked to preserve, restore, and enhance the natural character of rivers. It contributes to ensuring water quality and access to water for the people of Quebec, taking into account social, environmental, and economic factors.