Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m M A R C H 2 0 1 8 9 posed changes are found in Quebec's Environment Quality Act, which, in recent years, has undergone the most extensive reforms since 1972. The draft regulations also flow directly from a key adjunct of those reforms — the long-named Bill 102, An Act to amend the Environment Quality Act to mod- ernize the environmental authorization scheme and to amend other legislative provisions, in particular to reform the governance of the Green Fund. Passed last March, Bill 102 nota- bly amends Quebec's Watercourses Act and its environmental authoriza- tion scheme based on four risk-based categories of authorization and three important new public paradigms: social acceptability, climate change and wetlands protection. "In recent years, we've seen proj- ects refused not because they don't meet regulatory norms but because they don't meet the threshold of social acceptability," says Amyot-Bilodeau. He pointed to two high-profile ura- nium mining projects — one in Sept- Îles, the other in northern Quebec — as examples of permits being revoked by the Quebec government following public outcry. Strateco Resources, a Boucherville, Que.-based resource miner involved in one of the cases, is suing the Quebec government for nearly $200 million for loss of its investment and punitive damages. The company is currently appealing a 2017 Superior Court of Quebec decision. For Amyot-Bilodeau, the draft regu- lations will have a major impact on the advice that Quebec lawyers provide clients from near and far who are plan- ning either new development projects or upgrades to existing facilities under the new permitting regime. "It will require us to look beyond the legal criteria and make sure clients are aware of the social acceptability of their project," he says. Belley Perron agrees. And she says that it will be paramount for project proponents to develop and maintain good and open lines of communica- tions with regional and local stake- holders impacted by their project. "The importance of social accept- ability means we will likely work more with clients to help guide them in pre- senting and giving more details to the public beforehand," says Belley Perron. Though the proposed changes may result in more upfront development costs for projects that are subject to the environmental assessment and review process, Belley Perron hopes they also reach the government's stated goals of making the process faster and more transparent, producing more complete filings and avoiding later problems. "Regulations are not always precise and we will have to wait and see how some of these new ones will work in practice," says Belley Perron. — MARK CARDWELL \ AT L A N T I C \ C E N T R A L \ W E S T REGIONAL WRAP-UP A World Leader in Lifelong Law School Learning Osgoode Professional Development brings together top legal and professional experts each year to deliver over 100 programs on the latest legal issues. Find your program at osgoodepd.ca/2018cpd OSGOODE PROFESSIONAL DEVELOPMENT CONTINUING LEGAL EDUCATION Learn from leading minds. ntitled-3 1 2018-02-07 2:16 PM

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