Act to Accelerate the Granting of Required Authorizations for the Implementation of Priority and Nationally Significant Projects

Summary#

Quebec Bill No. 5 aims to expedite authorizations for large-scale strategic projects of collective interest.

For five years after the law is enacted, the government could designate a project as "priority and of national significance." It could then issue a single authorization that would replace several permits normally required, particularly in areas such as the environment, municipal planning, mining, forestry, agriculture, and public lands.

A project could be selected if it contributes, for example, to Quebec's energy autonomy, the extraction of critical minerals, infrastructure development, or the creation of significant jobs. The government would also need to consider the interests of local and Indigenous communities as well as energy transition objectives.

Before a designation, a public notice should be published for at least 30 days. Affected individuals and groups could submit their comments.

The single authorization could be subject to conditions, restrictions, or prohibitions. The government could also modify, suspend, or revoke it. Preparatory work could be allowed before full authorization.

The bill maintains certain important environmental steps. When an environmental assessment is required, it should be completed before government authorization. A public hearing by the BAPE would be scheduled when the impact study is deemed admissible.

However, the government could modify the application of certain rules to expedite a project or allow activities that cannot meet existing standards. Several fundamental laws could not be added to the annex allowing these modifications, including the Charter of Rights and Freedoms, the Charter of the French Language, the Labour Standards Act, and the Act Respecting Contracts of Public Bodies.

The bill also provides for the publication of information on projects, such as timelines, authorization conditions, and annual progress reports. Some industrial or commercial secrets could, however, remain confidential.

What This Means for You#

• If you live near a designated project, you could participate in the comment period preceding its designation. Information about the project and its progress should be made public.
• If you own or use land, certain municipal, agricultural, or land decisions could be made more quickly. In some cases, government authorization could replace municipal authorization.
• If you work in a targeted sector, such as mining, energy, construction, transportation, or forestry, the project could reduce the number of administrative steps and shorten timelines.
• If you are a member of an Indigenous community, the project stipulates that consultation must be respected when circumstances require it. The James Bay and Northern Quebec Agreement and the Northeastern Quebec Agreement are protected by the bill.
• For the environment, obligations would not disappear entirely. Inspections, investigations, and penalties would continue to apply. However, some rules could be adapted, and certain consultation processes could be replaced or consolidated.
• An authorization would become void if the project has not started within two years. A designation would also become void after five years if no authorization has been issued.

Costs#

The bill does not provide a general estimate of costs for the government, municipalities, promoters, or citizens.

Promoters would need to pay the fees and charges normally required for the permits replaced by the single authorization. The government could also establish fees for the formalities provided for by the new law.

Costs related to environmental studies, financial guarantees, mitigation measures, land rehabilitation, and compliance with imposed conditions would remain, in principle, the responsibility of the promoter.

No publicly available information regarding expected savings or specific administrative costs for public bodies and municipalities.

Supporters' Viewpoint#

Supporters might argue that the bill:

• reduces duplication of processes and coordinates government decisions;
• accelerates important projects for energy, infrastructure, critical minerals, and the economy;
• provides promoters with a clearer timeline;
• allows Quebec to respond more quickly to investment opportunities;
• maintains environmental conditions, inspections, and penalties;
• improves transparency through the publication of timelines and project status.

The government could also argue that projects must be plausible, of collective interest, and compatible with energy transition objectives.

Opponents' Viewpoint#

Opponents might fear that the bill:

• concentrates too much power in the hands of the government;
• allows for the replacement of several permits with a single authorization, which would reduce the usual role of certain authorities;
• limits the power of municipalities over land use planning;
• facilitates the use of agricultural or public lands for large projects;
• allows for modifications to certain standards after an expedited process;
• reduces some public consultations by grouping them with a BAPE hearing;
• permits preparatory work before full authorization;
• creates risks for the environment, natural habitats, or local communities if protective measures are insufficient.

They might also call for more clarity on selection criteria, parliamentary oversight, and how decisions would be challenged.