Changes to the Numbering of Regulations Please be advised that the numbers of one or more of the regulations listed below have been changed since this document was originally published. Following the adoption of the Act respecting the Compilation of Québec Laws and Regulations, RSQ, c R-2.2.0.0.2, the ministère de la Justice began on January 1, 2010 to change the numbering of selected regulations, including those related to the Environment Quality Act, RSQ, c Q-2. Please visit http://www.mddep.gouv.qc.ca/publications/lois-reglem-en.htm for more details about this change.

ENVIRONMENTAL

ASSESSMENT

OF NORTHERN

PROJECTS

1

TABLE OF CONTENTForeword . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

The James Bay and Northern Québec region. . . . . . . . . . . . . . . 4

The James Bay and Northern Quebec Agreement . . . . . . . . . . 6

Two regimes; one concern . . . . . . . . . . . . . 8

A five-step process. . . . . . . . . . . . . . . . . . . 10

Projects subject to the assessment and review procedure. . . . . . . . . . . . . . . . 13

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FOREWORDIn accordance with the James Bay andNorthern Quebec Agreement and theNortheastern Quebec Agreement, whichwere signed by the Native peoples of thenorthern regions, Chapter II of the Environ-ment Quality Act (EQA) contains specific provisions applicable to James Bay andNorthern Quebec. The particular environmentalassessment procedures for these northernregions stand apart due to, among otherthings, the active participation of the Cree,Inuit and Naskapi communities.

This brochure aims to explain the characteris-tics of these regimes as well as the bodiesresponsible for implementing the social andenvironmental impacts assessment and reviewprocess and the project subjected to orexempt from the procedure.

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THE JAMES BAY ANDNORTHERN QUÉBEC

REGIONGeography of the region

The James Bay and Northern Québec region,a little more than 1 million km2 in area, repre-sent about two-thirds of Québec’s total landmass. It is located between the 49th and 62ndparallels of northern latitude.

Native population

Human presence in these regions dates backabout 4 000 years. The Cree, Inuit, andNaskapi practice, to a large degree, a tradi-tional way of life based on hunting, fishingand trapping. Formerly nomadic, they nowlive in permanent villages.

The Crees, who numbered 7 000 in 1977, arenearly 13 500-strong in nine villages today.Over the same period, the Inuit populationhas risen to over 9 000 from 4 900 with 15 Inuitcommunities spread out along the coast. Inaddition, there are close to 800 NaskapiIndians living in Kawawachikamach, in theeastern part of the region.

Non-Native population

More than 20 000 non-Natives live in theregion, concentrated mainly along the south-ern border. The economy of these commu-nities is mainly based on natural resourcedevelopment.

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MAP OF TERRITORY DIVISION

Territory subject to the JBNQA (north of 55th parallel)

Territory subject to the JBNQA (south of 55th parallel)

Moinier region

Territory under chapter I of the Environment Quality Act

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THE JAMES BAY ANDNORTHERN QUEBEC

AGREEMENT

A wide-ranging,progressive pact

The James Bay and NorthernQuebec Agreement (JBNQA)is a social and economic pactsigned by, on the one side,the Government of Québec,Hydro-Québec, the James BayEnergy Corporation and theJames Bay Development Cor-poration and, on the other

side, by the Grand Council of the Crees of Quebec, representing James Bay Crees, and the Northern Quebec Inuit Association, representing Northern Quebec Inuit. TheGovernment of Canada is also a signatory ofthe Agreement.

Signed on November 11, 1975, the JBNQAwas ratified by the Cree and Inuit through referendums held in Native communities.

The JBNQA is based on two equally importantfounding principles.1 The first is: “Québecneeds to use the resources of its territory, all itsterritory, for the benefit of all its people.” Theother is: “We (the Government of Québec)must recognize the needs of the Native peo-ples, the Cree and the Inuit, who have a different culture and a different way of lifefrom those of other peoples of Québec”. TheAgreement seeks to harmonize these twoprinciples.

The Peace of the Braves and theSanarrutik agreement

On February 7, 2002, Quebec and the Creessigned a fifty years political and economicagreement. This agreement, dubbed thePeace of the Braves, marks the beginning ofa new era in Quebec and Cree relations,based on:

• a new partnership, aiming to ensure fulldevelopment of the territory;

• autonomy and increased management bythe Crees of their own economic and com-munity development;

• respect of the principles of sustainabledevelopment and of the traditional way ofliving of the Crees.

On April 9, 2002, Quebec and the Inuit signeda partnership agreement on economic andcommunity development in Nunavik. Thistwenty-five years agreement consolidates theharmonious relations between Quebec andthe Nunavik Inuit. It is named Sanarrutik, whichmeans “development tool” in Inuktitut. Thispartnership agreement is based on:

• the desire to develop Nunavik’s potentialwhile respecting the environment;

• a greater responsibility by the Inuit for theireconomic and community development.

1 Extract from the Convention preface.

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Environmental protection regimes

The land claims system imposed by theJBNQA satisfies the needs of the Native peo-ple and those of the rest of Quebecers.Category I lands are granted to each Creeand Inuit community for its exclusive use.Category II lands are buffer zones whereNative people have the exclusive right tohunt, fish, trap and establish or operate outfit-ting facilities. Category III lands are publiclands on which Native people can, whilerespecting the principles of conservation,carry on their traditional activities year-round,and on which they have exclusive rights tocertain animal species. For these territories,the JBNQA established two particular envi-ronmental protection regimes for both sidesof the 55th parallel.

After the signing of the JBNQA, the environ-mental protection regime north of the 55thparallel has been adapted to allow theNaskapis to participate in the environmentalassessment of projects process. Specificmeasures are applicable to the “Moinier”region where the list of projects subject to the environmental assessment and reviewprocedure corresponds to annex A of theEnvironmental Quality Act, while the informa-tion and consultation process is the same asin Southern Quebec.

Table 1

Category I lands - 14 348 km2 (5 540 mi2) - 1.3% of the territory

Category II lands- 159 880 km2 (61 730 mi2) - 14.8% of the territory

Category III lands- 907 772 km2 (350 490 mi2) - 83.9% of the territory

TOTAL: 1 082 000 km2 (417 760 mi2)

Lands surrounding villages that are set aside for the exclusive use and benefit of the Cree, Inuit or Naskapi

Public lands with hunting, fishing and trapping rights exclusive to the Native people

Public lands with rights to the Native people for hunting, fishing and trapping without a permit, without limit and at all times, subject to the conservation principle

LANDS REGIME DEFINED BY THE JAMES BAY AND NORTHERN QUEBEC AGREEMENT

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TWO REGIMES; ONE CONCERN

Participation of Native people

The environmental protection regimesdefined by the JBNQA, and included inChapter II of the Environmental Quality Act,are aimed at ensuring special participation tothe environmental assessment process by theNatives so that they can protect the rightsand guarantees granted to them under theAgreement. This participation is assuredthrough consultation and representationmechanisms, within which the Crees and Inuithave major roles (table 2).

Issues requiring special attention

The intention of the JBNQA is that the govern-ments responsible and organizations createdto function within the environmental protec-tion regimes must pay particular attention tothe following issues:

• the right to set up development projects inthe region;

• Native participation in applying the envi-ronmental protection regime;

• protection of Native peoples, their soci-eties, communities and economy;

• protection of Native hunting, fishing andtrapping rights;

• reduction of undesirable repercussionsfrom development;

• protection of regional wildlife and ecosys-tems;

• the rights and interests of non-Natives.

Environmental advisory committees

Under the JBNQA, two environmental adviso-ry committees were created, one for theregion south of the 55th parallel and the otherfor the region north of the 55th parallel. TheJames Bay Advisory Committee on theEnvironment (JBACE) and the KativikEnvironmental Advisory Committee (KEAC)are the bodies composed of Native, provin-cial and federal representatives which act asthe preferential and official forums concern-ing environmental protection matters. In addi-tion, they supervise the application andadministration of the environmental protec-tion regimes contained in the Agreement.

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Québec Canada Cree Inuit Role

JBACE* 4 4 4 - Consultation and surveillance

KEAC 3 3 - 3 Consultation and surveillance

COMEV 2 2 2 - Preliminary assessment and drawingup of guidelines

COMEX 3 - 2 - Review

KEQC 5 - - 4 Assessment and review

* The president of the Hunting, Fishing and Trapping Coordinating Committee is, in addition, automatically

a member of this committee. The coordinating committee is an advisory agency (Native/provincial/

federal) to the government of Quebec on matters of wildlife management in the territory.

COMPOSITION AND ROLE OF COMMITTEES AND COMMISSION

Table 2

Bodies responsible for environmentalassessment

Two committees and one commission werecreated to evaluate and review develop-ment projects within the jurisdiction ofQuebec:

• the Evaluating Committee (COMEV) is a tri-partite Quebec/Canada/Cree agencyresponsible for assessing and drawing upguidelines for the impact study of projectslocated south of the 55th parallel;

• the Review Committee (COMEX) is a bipar-tite Quebec/Cree agency responsible forreviewing projects located south of the55th parallel;

• the Kativik Environmental Quality Com-mission (KEQC), composed of Quebec andInuit representatives, is responsible forassessing and reviewing projects locatednorth of the 55th parallel.

For projects within federal jurisdiction, thereare provisions for bipartite (Canada/Cree orCanada/Inuit) committees.

Administrator

According to the JBNQA, the Administrator isthe person required to make a final decisionon the assessment and review of develop-ment projects, basing that decision upon therecommendations of the committees andcommissions. This person is either the Ministerof the Environment of Quebec, if the project isprovincial in nature, the chairman of theFederal Environmental Assessment ReviewOffice, if the project is federal in nature, or theAdministrator of the appropriate Cree BandCouncil, if the project is on Category I land.

Members designated by:

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A FIVE-STEP PROCESS

The same process

As mentioned above, the environmentalassessment procedures established for north-ern projects vary according to whether theproject is located south or north of the 55thparallel. The commission or committees alsovary according to whether the project isprovincial or federal in nature. Therefore,there are four distinct procedures possible.However, they all follow the same five-stepprocess.

1. Proponent’s preliminary information

The first step of the process is the proponent’spreliminary information on his project. Thisstep starts from the moment the proponentstudies the possible options and the techni-cal, environmental and social aspects of theproject before choosing the best options forsubsequent studies. The proponent must thensend to the Administrator a notice of intent,along with preliminary information on theproject. This information concerns in particularthe objectives, nature and scope of the project, as well as the various sites being con-sidered or the various possible developmentalternatives.

2. Assessment

The preliminary information is then sent to thecommittee responsible for defining the natureand extent of the impact study. This commit-tee is either the COMEV, if the project is locatedsouth of the 55th parallel, or the KEQC, if theproject is located north of the 55th parallel.

When a project is not automatically subject tonor exempt from the procedure (see lists p.13),the COMEV recommends to the Administratoror the KEQC decides whether or not thedevelopment project should be the object ofan impact study.

When a project is subject to the procedure,the committee or commission formulatesguidelines outlining the extent of the impactstudy to be prepared by the proponent.These guidelines are submitted to theAdministrator, who transmits them to the pro-ponent, with or without changes.

If the Administrator deems it necessary tochange a COMEV recommendation, he mustfirst consult the latter.

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3. Impact study

During the third step, the proponent preparesthe impact study in accordance with theAdministrator’s guidelines.

It should be pointed out that the Regulationrespecting the environmental and socialimpact assessment and review procedureapplicable to the territory of James Bay andNorthern Québec (Q-2, r. 11) defines whatelements must be included in an impactstudy.

Among them: a description of the projectand of the biophysical and social environ-ments affected; an assessment of the pro-ject’s probable repercussions; a description ofthe project alternatives and a descriptionand assessment of remedial measures.

4. Review

The proponent submits his impact study to theAdministrator, who then sends it to the reviewcommittee, either the COMEX, if the project islocated south of the 55th parallel, or theKEQC, if the project is located north of the 55thparallel.

The Native administrations and the public canmake representations to the committee,which may also hold public hearings or anyother type of consultation.

The COMEX recommends or the KEQCdecides whether to reject or authorize thedevelopment project and, if so, under whatconditions. It must then define the changes oradditional measures that it considers appro-priate.

5. Decision

Taking into account the COMEX recommen-dation or the KEQC decision, the Adminis-trator grants or refuses authorization for theproject. If the Administrator cannot acceptthe committee’s recommendation or com-mission’s decision, he must consult the latterbefore making a final decision and informingthe proponent. The Native administrationsaffected are also informed of the final decision. Moreover, sectoral authorizations(with regards to quarries and sand pits, waterand sewer mains, camps, etc.) must be delivered pursuant to Chapter I of theEnvironmental Quality Act.

The Environment Quality Act establishes timelimits, ranging from 30 to 90 days, for eachstep of the process. However, the administratorcan extend any of these time limits, if theneed arises.

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2 Preliminaryassessment andguidelines

3 Preparation ofthe impactstudy

4 Review

5 Decision

1 Statement andpreliminaryinformation

Proponent

Administrator

Evaluating committeeCOMEV or KEQC

Administrator

Administrator

Review committee COMEX ou KEQC

Proponent

Administrator

Proponent

Representations byNative people and the public

Concerned Native

administrations

A FIVE-STEP PROCESS

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PROJECTS SUBJECT TO THE ASSESSMENT AND

REVIEW PROCEDURE

Projects automatically subject andautomatically exempt from the procedure

The Environment Quality Act and the JBNQAspecify which development projects are auto-matically subject to the environmental and

social impacts assessment and review proce-dure. They also specify which projects areautomatically exempt from the procedure.These include projects with little impact oractivities that can be assessed within anotherframework.

A complete list of these projects follows.

PROJECTS AUTOMATICALLY SUBJECT TO THE ASSESSMENT AND REVIEW PROCEDURE

All mining developments, including the additions to,alterations or modifications of existing mining develop-ments.

All borrow, sand and gravel pits and quarries, with areasof or over 3 hectares.

All hydroelectric power plants and nuclear installationsand their associated works.

All storage and water supply reservoirs related to worksintended to produce electricity.

All electric power transmission lines of over 75 kV.

All operations or installations related to the extraction orprocessing of energy yielding materials.

All fossil-fuel fired power generating plants with a calorificcapacity of or above 3 000 kW.

Any road or branch of such road of at least 25 km inlength which is intended for forestry operations for a peri-od of at least 15 years.

PROJECTS AUTOMATICALLY EXEMPT FROM THE ASSESSMENT AND REVIEW PROCEDURE

All testing, preliminary investigation, research, ex-periments outside the plant, aerial or ground reconnais-sance work and survey or technical survey works prior toany project.

All borrow pits for highway maintenance purposes.

All control or transformer stations of a voltage of 75 kV orless, or electric power transmission lines of a voltage of75 kV or less.

All fossil-fuel fired power generating plants having acalorific capacity below 3 000 kW.

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PROJECTS AUTOMATICALLY SUBJECT TO THE ASSESSMENT AND REVIEW PROCEDURE

All wood, pulp and paper mills or other plants for thetransformation or the treatment of forest products.

All land use projects which affect more than 65 km2.

All sanitary sewage systems including more than 1 km ofpiping and all waste water treatment plants designed totreat more than 200 kl of waste water per day.

All systems for the collection and disposal of residualmaterials, except mine tailings and hazardous materials.

All projects for the creation of parks or ecologicalreserves.

All outfitting facilities designed to accommodate at onetime 30 persons or more, including networks of outpostcamps.

The delimitation of the territory of any new community ormunicipality and any expansion of 20% or more of theirtotal territory or their urbanized areas.

All access roads to a locality or road network contem-plated for a new development.

All port and harbour facilities, railroads, airports, pipelinesor dredging operations for the improvement of naviga-tion.

PROJECTS AUTOMATICALLY EXEMPT FROM THE ASSESSMENT AND REVIEW PROCEDURE

All forestry development included in plans provided for in the Forest Act (Chapter F-4.1) and respecting the terms and conditions of the Cree/Québec Agreement(February 2002).

All project carried out within the territorial limits of a com-munity and which does not have an impact on thewildlife outside of such limits as well as the extraction andhandling of soapstone, sand, gravel, copper and woodfor personal or community use. All small wood cuttingsfor personal or community use.

All water and sewer mains, and all oil or gas mains of lessthan 30 cm in diameter with a maximum length of 8 km.

All temporary hunting, fishing and trapping camps andall outfitting facilities or camps for less than 30 persons.

All school or educational establishments, rest areas,observation points, banks, fire stations or immovablesintended for administrative, recreational, cultural, reli-gious, sport and health purposes or for telecommunica-tions. All other structures intended for dwellings, whole-sale and retail trade, or intended for offices or garages,or intended for handicrafts or car parks.

All municipal streets and sidewalks. All maintenance andoperation of public and private roads. All repairs andmaintenance on existing municipal works.

All hotels or motels of 20 beds or less and all service sta-tions along highways.

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Unforeseen cases

Projects not included in these lists must besubmitted to the Administrator, who thendecides whether or not they are subject tothe process by taking into consideration theCOMEV recommendation or KEQC decision.

Cases handled

Since the JBNQA was signed, some 500 projectshave been submitted to the environmentalassessment process. Among them: La Grandehydroelectric facilities (phase II); mining projects, in the northern part as well as in thesouthern part of the territory; roads, someintended to open up access to Cree com-munities; and various projects such as theestablishment of parks, landfills and caribouhunting facilities.

Project control and follow-up

The Ministère de l’Environnement, through itsNord-du-Québec and Côte-Nord regionaloffices, exercises on-site surveillance of theconformity of projects to the authorizationissued by the Minister of the Environment. Thisis in addition to the control that the propo-nents themselves must exercise.

For some major projects such as hydroelectricdevelopments and mining projects, theMinistère can also determine that the propo-nent conduct an environmental follow-up onspecific subjects with the aim of confirming ordetecting certain impacts or better definingcertain necessary mitigation measures.

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If you require further information,please contact the Ministère del’Environnement’s Information Centre.

Telephone:Québec (local call) (418) 521-3830Long distance calls 1 800 561-1616

Fax: (418) 646-5974E-mail: info@menv.gouv.qc.caInternet: www.menv.gouv.qc.ca

Legal Deposit - Bibliothèque nationale du Québec 2003ISBN 2-550-41266-4Envirodoq ENV/2003/0299/A

Photographs

CoverEastmain riverHydro-Québec

ChildSecrétariat aux affaires autochtones

Inuit mending a netAvataq Cultural Institute,Pauline Laurin

Page 1Hydroelectric stationMinistère des Ressources naturelles

Eastmain riverMinistère de l’Environnement,Sylvie Létourneau

Page 3TipiSecrétariat aux affaires autochtones

InukjuaqMinistère de l’Environnement,Sylvie Létourneau

Page 4Mine RaglanSociété minière Raglan du Québec ltée

ChildrenRaoul Flamand

Page 6Eastmain riverHydro-Québec

Landscape Ministère des Ressources naturelles

Page 7CaribousMinistère de l’Environnement,Daniel Berrouard

Page 8ChildrenSecrétariat aux affaires autochtones

RiverRaoul Flamand

Page 9GeologistsMinistère des Ressources naturelles

Page 10ForestMinistère des Ressources naturelles

LakeRaoul Flamand

Page 11Inuits at Pujjunaq IslandAvataq Cultural Institute,Charles Martijn

Rupert riverSecrétariat aux affaires autochtones

Page 12InukshukMinistère de l’Environnement,Sylvie Létourneau

Page 15Throat singerAvataq Cultural Institute,Stephen Hendrie

LandscapeMinistère de l’Environnement, Sylvie Létourneau

This paper contains 30% recycled post-consumer fibres. 4967A-03-06