Environmental Laws and Regulations Applicable to Development Projects

If you are planning development projects or supporting projects in your municipality, environmental considerations will have to be addressed sooner or later.

Here are some environmental files to plan for to make sure your projects come to fruition.

Phase I and II environmental site assessments and soil rehabilitation

These assessments are required when purchasing a site or real property, when refinancing, or to meet a ministerial requirement (e.g., sections 31.51 or 31.53 of the Environment Quality Act).

Phase I environmental site assessment

A Phase I environmental site assessment reduces uncertainty about possible environmental damage at a site and helps assess its impact on the market value of the property. This study generally follows the CSA Group’s CSA Z768-01 standard.

Phase II environmental site assessment

A Phase II environmental site assessment confirms and delineates the potential contamination identified in the previous phase. To reach these conclusions, experts carry out analyses in accordance with the CSA Z769-00 standard and the guidelines of the Guide d’échantillonnage à des fins d’analyses environnementales (Sampling Guide for Environmental Analysis) published by Quebec’s Ministère de l’Environnement, de la Lutte contre les changements climatiques, de la Faune et des Parcs (MELCCFP).

Site rehabilitation (Phase III)

If the preliminary studies confirm the presence of contaminants in the soil or water, experts will supervise the decontamination work. Site rehabilitation may include the following activities: a rehabilitation plan and the removal of contaminated soils.

Certificates of authorization for industrial operations

To begin or continue operating, some businesses choose to be supported throughout the certificate of authorization application process with the MELCCFP. Many are unaware of it, but such a certificate of authorization is required to operate.

The strengthening of regulations following Bill 89 allows the Ministère’s inspectors to issue notices of non-compliance and impose fines. Under section 22 of the Environment Quality Act (EQA), such a certificate is required if your operations are likely to release a contaminant into the environment.

The definition of a contaminant is very broad, and the targeted sectors include manufacturing and agri-food, heavy and light industry, as well as certain municipal and commercial activities.

Work in wetlands and aquatic environments

Environmental characterization studies are essential when planning any project that encroaches on undisturbed natural environments. They are often accompanied by a delineation of wetlands and aquatic environments.

These studies make it possible to carry out projects in full compliance with current environmental regulations, while helping to reduce their ecological footprint. It is desirable to limit disturbance of the natural environment, particularly ecosystems of high ecological value. This is achieved by applying the principles of sustainable development, which rest on project profitability, conservation of the natural environment and social acceptability.

In this regard, several provincial and federal laws and regulations aim to protect these environments, including:

• Act respecting threatened or vulnerable species
• Act respecting the conservation and development of wildlife
• Regulation respecting wildlife habitats
• Fisheries Act
• And others

Natural environment inventories and assessments

Wildlife and plant inventories are effective tools for assessing the ecological value of an ecosystem, whether terrestrial, such as a century-old woodland on dry ground, or aquatic and riparian, such as wetlands and shoreline areas.

Wildlife and plant inventory studies undoubtedly contribute to expanding knowledge of natural environments across the province, through technical reports that include location maps of newly discovered occurrences.