What’s New in Environmental Authorization

Many of you will have noticed that since December 31, 2021, the MELCCFP has required the use of new forms when submitting an application for ministerial authorization.

These forms, available at https://www.environnement.gouv.qc.ca/autorisations/autorisations-ministerielles.htm, replace the general form and the module-specific forms (air, water, residual materials, etc.) that had been in use since the 2000s.

The benefits

The new forms were developed primarily to achieve the following objectives:

• Alignment with the new Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (REAFIE), whose provisions on the information required for authorization applications came into force on December 31, 2020;
• Clearer guidance on the REAFIE requirements, which previously obliged applicants to consult various sections of the Regulation to understand the MELCCFP’s expectations;
• Shorter processing times for authorizations, since MELCCFP analysts will have all the information they need from the moment they take charge of a file.

It is also worth noting that, with the introduction of the new forms, the MELCCFP took the opportunity to change how it receives the documents required with an application, in a way that better reflects its own values. Applicants no longer need to print and mail all the required documents; they simply upload the files to the Clic SÉQUR platform.

The challenges

The main challenge for applicants will certainly be the complexity and rigidity of the new forms. In seeking to simplify the work of its analysts, the MELCCFP now requires project proponents to provide much more information when submitting authorization applications.

It should be remembered, however, that through the REAFIE, the MELCCFP has put in place a system designed to focus its efforts on controlling the activities most likely to harm environmental quality. Certain low-risk activities defined in the REAFIE no longer require an authorization application, but only the submission of a declaration of compliance 30 days before work begins. In addition, some activities with negligible risk are now simply exempt from authorization.

Another significant challenge applicants will face during the first years of implementation is that the MELCCFP frequently updates the forms. Since the MELCCFP requires that only the most recent versions be used, it is essential to check, before submitting any application, that the forms used are the current versions available on the MELCCFP website at the time of submission. This will help avoid receiving a notice of inadmissibility.

Admissibility is another complexity applicants will have to deal with. The MELCCFP has implemented a formal review process to ensure that every application contains all the information required under the REAFIE, and that this information is properly provided in the forms.

Avizo’s experience with this administrative process shows that it varies depending on the person reviewing the application’s admissibility. Some officials are very demanding and formal, and quick to issue a considerable number of inadmissibility conditions. Keep in mind, however, that the purpose of this formal process is to speed up the MELCCFP’s review times by making project proponents more accountable. Notices of admissibility (or inadmissibility) are generally sent within a few days of the application being uploaded to Clic SÉQUR. If an application is deemed inadmissible, the proponent can adjust quickly, since they will know exactly what information is missing or incorrectly entered in the forms.

Pitfalls to avoid

Here are some key points every applicant should know:

• Clic SÉQUR does not accept file names containing accents or special characters;
• The forms must not contain “N/A” or “N/D” where specific information is requested, even if you believe the information is not relevant to the MELCCFP’s review of your file;
• The references in the forms to documents uploaded to Clic SÉQUR must match exactly. File names should make the MELCCFP’s admissibility review easier (example of a file name to use: Annexe C_Plans_Amenagement site.pdf).

Working with professionals

Given the changes the MELCCFP has made to the environmental authorization process, it has become almost essential for businesses without in-house environmental compliance professionals to work with environmental consultants experienced in submitting authorization applications to the MELCCFP. Using these professionals will allow project proponents to save a great deal of money and reduce the time needed to obtain authorizations. These specialized consultants are familiar with the requirements of the new forms and can provide exactly the information the MELCCFP requests, in a format that facilitates its review.