Québec - The Coalition Québec meilleure mine (QMM) published today its detailed analysis in French on the bill to amend Quebec’s Mining Act, noting with concern the absence of several key measures requested by the public and the presence of worrying setbacks. The Coalition is urgently calling on the National Assembly to undertake a thorough review of Bill 63.
While the bill includes some advances, it contains far too many half-measures or measures that are outright problematic to warrant support in its current form. Several crucial environmental and social reforms have been entirely disregarded. Only five of the 50 recommendations for legislative change made by the Coalition QMM during public consultations in the spring of 2023 are included (partially) in the bill. Furthermore, six priority measures identified by the Coalition QMM have been altogether ignored. It is imperative these priority areas be included in any proposals to amend the Mining Act, otherwise any reforms will fall far short of what is needed:
- Public consent before granting mining claims.
- An end to the precedence of mining rights over the protection of water, the environment, protected areas, and populations.
- An effective mechanism to revoke existing mining claims found incompatible with other land uses.
- A legal obligation to restore abandoned mines within 10 years.
- An end to the self-regulation of the mining sector.
- Obligation to return mining waste to open pits and other holes that have been excavated
BAPE for all new mining projects
Among the measures welcomed by the Coalition QMM, the bill proposes that all new mining projects be subject to the environmental impact assessment and review procedure led by the BAPE (the Bureau d'audiences publiques sur l'environnement) – a key demand dating back to the founding of the Coalition QMM 16 years ago. However, the bill leaves the door wide open to many expansion projects that will continue to bypass environmental assessment and the BAPE.
Setbacks, insufficient measures to curb speculation, and dangers for mine restoration
While certain aspects of the bill seek to curb mining speculation, the Coalition QMM warns that the proposed measures to do so will be insufficient to control the runaway mining boom and will in fact take away the rights of Quebec residents to adequately protect their environment. Preventing mining activity on private lands and in peri-urban areas is an interesting measure, but considering 92% of the province’s territory is public land, these measures will have a limited impact.
There are numerous provisions in the bill aimed at promoting the recycling of mine tailings, but these proposals must be eyed with caution absent a strict environmental legislative and regulatory regime specifically dedicated to the mining sector. The recycling of mine tailings that may contain contaminants and other toxic substances will only become of real interest if we have a plan to concretely reduce the mineral footprint in the first place to avoid and effectively reduce the extraction of raw minerals.
Many mine sites require close monitoring over several decades. It is essential that the proposal to cap mandatory environmental monitoring of restored mining areas to 15 years – after the Minister declares themselves “satisfied” with the work – be removed. Otherwise, the financial costs and the maintenance burden will be passed on to the government and, therefore, to taxpayers.
Work to resume in the fall
The bill is unlikely to be considered by a parliamentary committee before September. In the meantime, the Coalition QMM is working throughout the summer to inform and support organizations and political parties wishing to improve the mining framework for the good of the environment and people. Concrete suggestions for amendments to the bill will be submitted to parliamentarians and free public information sessions on the subject will be offered during August.
It is essential this bill be overhauled to become more ambitious with the necessary and concrete measures in place to end the favouritism shown to the mining industry. As is, this bill gives the false impression the Mining Act has been reformed, while substantial issues remain.
Background
Published on October 5, 2023, the Report on the consultations held by the Ministère des Ressources naturelles et des Forêts in the spring of 2023 was unequivocal: the public has called for an ambitious reform of the mining framework that truly respects the rights of Indigenous communities and other residents of Quebec, and prioritizes environmental protection and the consent of local populations. After the consultation report was tabled, the Coalition QMM welcomed the Minister’s intention to reopen the Mining Act, so long as any reforms were not made at the expense of people and the environment.
Reforms to the Mining Act must not be tailored towards the interests of the mining industry, but rather truly respond to the legitimate and well-founded demands of local populations. Residents of Quebec don’t want to see more mines. They want to see a reduction in our dependence on materials that must be mined, a tightening of environmental assessment processes for mining projects, thorough reforms to the system for staking mining claims, and a strengthening of mechanisms to hold mining companies accountable for causing environmental damage.
Quotes:
"By largely sidelining the public's priorities for mining reform, the government is going in the wrong direction. We expect a change of course and a major revision of Bill 63 this summer to meet the demands of the people and for the good of the environment,” Rodrigue Turgeon, lawyer, co-spokesperson for the Coalition Québec meilleure mine and co-manager for MiningWatch Canada.
“In the absence of a major revision to Bill 63, Quebec’s Mining Act will unjustly maintain the precedence of mining over the protection of water. And without a doubt, this will lead to disastrous consequences for this resource so vital to life. Destroying lakes to store mine waste is just one of too many devastating examples,” Émile Cloutier-Brassard, mining campaigner for Eau Secours.
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Source: Coalition Québec meilleure mine
References:
- Coalition QMM's analysis of Bill 63 (July 18, 2024) - FRENCH
- Bill to amend the Mining Act (May 28, 2024) - ENGLISH
- Coalition QMM brief on mining regulation (May 18, 2023) - FRENCH
- MRNF consultation report (October 5, 2023) - FRENCH
For further information:
Rodrigue Turgeon, Coalition Québec meilleure mine and MiningWatch Canada, 819-444-9226, [email protected]