Companies that do not respect environmental laws have their projects inspected and approved by Quebec. However, Environment Minister Benoît Charette, who adopted new legal provisions two years ago, says he is denying an application for authorization submitted by a promoter who has committed a “crime”.
In recent years, Rio Tinto, ArcelorMittal and many other companies have violated the environmental law, but still managed to get dozens of approvals from the Ministry of Environment, Climate Change, Wildlife and Parks (MELCCFP). For various projects.
A case study of the Society for Nature and Parks in Quebec (SNAP) and the Quebec Center for Environmental Law (CQDE). The two groups are particularly concerned about the department’s approval of a company that drained wetlands in critical habitat for the chorus frog, a threatened species in Quebec and Canada.
9370-2413 The Department is currently reviewing an application for authorization filed in September 2020 by Quebec Inc. “Intervention in Wetlands and Expansion of Water Supply, Stormwater Management and Sanitary Sewer Systems as Part of the Pine Beach Project”, in Hudson, Monteregi.
The company is owned by Groupe Shathoni and businessman Cayden Hull, owners of another company that drained the Langueil swamps two years ago (9413-1547 Quebec Inc.).
Photo by Alain Roberge, La Presse Archives
Alain Branchaud, General Manager of CPAWS Quebec
According to Alain Branchaud, general manager of SNAP Québec, the Ministry of the Environment should punish promoters of destruction of the natural environment more severely. He believes that inspiration can be drawn from the field Public Organizations Contracts Act. It provides that companies found guilty of certain offenses are no longer eligible for public contracts for a period of five years.
“In order to restore confidence in the process of issuing certificates of approval, Quebec should explore the possibility of temporarily disqualifying a promoter who has committed a crime that has led to the destruction of the natural environment for any new use,” says Ms. Francaud. This strong gesture will send a signal that the break is over and our environmental laws must be respected. »
Penalty and criminal investigation
In November 2020, the company 9413-1547 Quebec Inc. Several drainage ditches were dug to drain wetlands located near Boise Du Tremblay in Longueuil. The sector is officially recognized as an essential habitat for the endangered chorus frog. Ottawa adopted an emergency decree to protect the Longuille breed a year later.
In 2021, the company received a non-compliance notice from the ministry for carrying out drainage work in a wetland without a permit, and was fined $10,000 for discharging a pollutant into water.
A criminal investigation was also launched in January 2021. The ministry pointed out Pres Two years later the investigation is “still ongoing”. “Investigations on a file like the one in question can take several months to compile technical and scientific evidence,” the ministry notes.
For its part, Group Shathoni declined to comment on the ongoing investigation. “As the matter is before the court, we would prefer not to answer any of your other questions at this stage,” his representative said in an email to Sasha Gotte. Pres. Caden Hull did not respond to questions Pres.
On its website, Groupe Shathony notes that its residential project at Hudson will begin in 2021. The company also notes on its website that it is planning a real estate project in Longueuil in 2022-2023 in a sector under Ottawa’s mandate. An emergency prohibiting all subdivisions.
The case is of concern to CQDE, says its lawyer Mark Bishai.
In certain circumstances, it is important not to authorize certain activities, especially when there is a reasonable fear that the legal framework will not be respected, particularly in cases where authorization applicants or those who are already in a non-compliant situation. This is especially true in the presence of reincarnation.
Marc Bishai, lawyer at the Center for the Environment of Quebecois du Droit de l’Environment
It should be noted that since the adoption of Act 102 in 2021, the Minister of the Environment has new powers which, among other things, allow him to refuse an application for authorization submitted by an “improper promoter”. At the time of tabling his bill, Minister Benoît Charette expressed his frustration at seeing “offenders” receive new authorizations from his department.
Photo by Edward Plant-Freshette, La Presse Archives
Benoit Charette, Quebec’s Environment Minister
Pres It asked the office of Minister Benoît Charette whether these new legal provisions have been implemented since they came into force. We have not received any response.
Companies accumulate violations
In the past 15 months, Rio Tinto has received nine administrative fines totaling more than $53,000 for environmental violations. During the same period, ArcelorMittal received seven fines totaling $35,000. These two companies have increased their environmental crimes manifold over 10 years. ArcelorMittal’s Canadian branch was also fined 14.5 million in 2022 for violating Canadian environmental laws.
“Environmental protection and sustainable development are core values at our company and we have invested heavily in protecting the environment over the years and will continue to do so,” said Annie Barre, director of communications at ArcelorMittal.
“We work closely with our partners and our employees who make daily efforts with utmost awareness to protect the environment. […] When an incident occurs, Rio Tinto takes the situation very seriously, implements a rigorous action plan and implements measures to remedy the situation,” says Simon Letendre, director of media relations for Canada and the US.
Over the past 10 years, ArcelorMittal and Rio Tinto have received dozens of approvals from the Quebec Ministry of the Environment for projects that must comply with the province’s environmental laws.
Lawyer Marc Bishai believes Quebec can “strengthen the environmental legal framework so that sanctions can be more deceptive, for example fines calculated according to the company’s income”. He cites as an example the federal law on competition, which provides that a license can be set at 3% of a company’s gross revenue.
