THE MINING ACT AND ITS APPLICATION
SOCIAL ACCEPTABILITY AND REGIONAL PLANNING
The Mining Act alone cannot regulate all the actions that lead to the realization of a social project. It needs government regulations, policies and directives. In addition, to ensure the prosperity of a region, it is necessary to take into account the informed consent of its community and to preserve its well-being. Let’s see how it goes…
In Quebec, the Mining Act, chapter M-13.1, is applied with a set of regulations and directives, but also in relation to other laws. In principle, the Law specifies that it is necessary to promote the development of mineral resources that respects the environment. The Land Use Planning Act, Chapter A-19.1, section 6, gives regional county municipalities (MRCs) the role of ensuring the harmonious coexistence of mining activity with other land uses (2013).
THE PLANNING AND DEVELOPMENT PLAN: KEY FACTORS IN DEFINING INCOMPATIBILITY WITH MINING ACTIVITY
THE OFFICE OF PUBLIC HEARINGS ON THE ENVIRONMENT: A CRUCIAL STEP TO DEMONSTRATE THE RISKS OF A PROJECT
At this stage of the process, the population should play an important role in expressing its opposition loudly and clearly to mining projects on incompatible territories. Through the recommendations of the BAPE, government authorities should hear the message from the communities and recognize the risks associated with such industrial projects.
To start its mining activities, Lomiko must obtain several permits and go through several administrative steps before the Minister of the Environment authorizes its project. The Bureau des audiences publiques sur l’environnement (BAPE) will probably be one of the crucial steps for Lomiko. That said, the company must first present an impact study deemed admissible. One of the determining criteria, which could influence whether or not there is a public hearing of the BAPE, is the production load (expressed in tonnes of graphite) that the company expects from the deposit.
THE ROLE OF THE BAPE
Excerpt from the site: https://www.bape.gouv.qc.ca/fr/bape/role-bape/
The BAPE is an impartial government agency reporting to the Minister responsible for the Environment. It provides favourable conditions for citizens to be informed and to express themselves.
In carrying out its mission, the BAPE informs and consults the population and investigates and compiles information in order to notify the authorities:
The BAPE’s mission is to inform government decision-making by transmitting to the Minister responsible for the Environment findings and opinions that take into account the concerns of the population and that are based on the 16 principles of the Sustainable Development Act.
To carry out its mission, the BAPE provides the right conditions for citizens to become informed and to express themselves. To this end, it ensures that all available and relevant information is made public. The findings and opinions of its commissions of inquiry are the result of a rigorous analysis that integrates ecological, social and economic issues.
RESPECT – IMPARTIALITY – EQUITY – VIGILANCE
THE 25 MUNICIPALITIES OF THE MRC SUPPORT THE ‘REGROUPEMENT DE LA PROTECTION DES LACS DE LA PETITE-NATION (RPLPM)’
We will call on the government to adopt the recommendations of the BAPE (at the appropriate time) and to respect the principle of social non-acceptability in our region.