Climate Change consideration in Quebec Environmental Assessment

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1 Climate Change consideration in Quebec Environmental Assessment IAIA2017 Montréal April 6, 2017 Ministère du Développement durable, de l Environnement et de la Lutte contre les changements climatiques

Environmental authorization in Quebec under the EQA Legal framework 2 The Environment Quality Act (EQA) Centerpiece of the Quebec system of environmental protection, adopted in 1972 Environmental authorization can be issued by the : Minister of Sustainable Development, Environment and Fight against Climate Change Quebec Government (southern Quebec) Administrators of the James Bay and Northern Quebec Agreement (JBNQA) and of the Northeastern Quebec Agreement (NQA) (Northern Quebec) Modernization of the authorization scheme by the modification of the EQA was initiated in 2015 (Bill n 102 : An Act to amend the Environment Quality Act to modernize the environmental authorization scheme and )

Quebec Environmental Assessment Procedures (EAP) Different regimes 3 Procedures in Northern Quebec Procedure in Southern Quebec Territory under JBNQA (north of 55 th parallel) Territory under JBNQA (south of 55 th parallel) Moinier Region Southern Quebec

Fight against Climate Change in Quebec Until now 4 2001 Creation of Ouranos, a Consortium on Regional Climatology and Adaptation to CC 2006 2006-2012 CC Action Plan 2012 2006 Green Fund Creation 2013 2020 Government Strategy for CC Adaptation 2012 2013-2020 CC Action Plan 2013 Carbon Market with Cap-and- Trade system 2017 EQA Modernization and TEST-CLIMAT 2000 2005 2010 2015 2020 2006 2012 Target (-6%)* 2009 2020 Target (-20%)* 2015 2030 Target (-37,5%)* 2015 2050 Objectives (- 80 to 90%)* *Below 1990 GHG emissions level

Until now 5 Project Notice Minister s guideline Preparation of the impact statement (proponent) Questions and comments from the Ministry Public Participation (BAPE) Environmental analysis (Ministry) Minister s analysis and recommandation Government Decision (Order in Council) Ministerial authorization (Certificate(s) of authorization) Realisation / Exploitation Monitoring, follow-up

From now on 6 To promote adaptation to CC and minimize GHG emissions through the optimization of development projects Two main approaches : Integrate requirements in the legal framework : through the Modernization of the EQA, with the Test-Climat Adapt the authorization processes themselves (methodologies, tools, guidelines, etc.): through the Action 10.1 of the 2013-2020 CC Action Plan

From now on : Integrate requirements in the legal framework The Modernization of the EQA The Bill 102 was adopted on March 23, 2017 7 The concept of Test-Climat is reflected in the new provisions of the EQA, Sections 24, 25, 31.1.1, 31.9 and 95.1. When issuing a ministerial authorization, the Minister : Must consider GHG emissions and reduction measures (cases prescribed by Government regulation). Can consider CC impacts and risks on the project and its receiving environment, as well as the required adaptation measures. Can take into consideration Quebec's commitments to reduce GHG emissions. Can prescribe adaptation or reduction measures.

From now on : Integrate requirements in the legal framework The Modernization of the EQA 8 The concept of Test-Climat is reflected in the new provisions of the EQA, Sections 24, 25, 31.1.1, 31.9 and 95.1. For the governmental authorization : The Test-Climat would be applied for the environmental assessment (GHG emissions reduction and adaptation to CC). These elements will be considered in the analysis of the project's environmental acceptability and therefore in the government's decision to authorize the project, with or without conditions. Conditions of authorization may relate to adaptation or reduction measures. Public opinion continues to be considered in the Government decision.

From now on : Integrate requirements in the legal framework The Modernization of the EQA 9 The concept of Test-Climat is reflected in the new provisions of the EQA, Sections 24, 25, 31.1.1, 31.9 and 95.1. For both ministerial and governmental authorizations : For GHG emissions, the level of analysis and requirements will be proportional to the level of the GHG emissions. For adaptation, the level will depend on the magnitude of the CC risks and impacts, as well as the degree of vulnerability of the project and its environment to these CC risks and impacts.

From now on : Adapt the authorization processes The Action 10.1 10 Origin and financing The CC Action Plan 2013-2020 : one of Quebec s main tool for fighting CC, budget is derived from the Green Fund. The Fonds Vert (Green Fund) : funds must be used for the purposes for which it was collected. Part of the funds are coming from the Carbon Market and therefore used to fight against CC. The Action 10.1 : Adapt environmental assessment and authorization processes to better consider CC in ministerial and governmental decision-making. This action is led by the Environmental and Strategic Impact Assessment unit in collaboration with the Regional Analysis and Expertise unit of the Ministry, with a budget of 3M$ until March 31 st, 2020.

From now on : Adapt the authorization processes The Action 10.1 11 The activity plan for the action 10.1 : 1) Consideration of CC in environmental assessment and authorization processes : review of actions from jurisdictions outside of Quebec Final report for September 2017 2) Description and Analysis of the state of reference for the consideration of CC in environmental assessment and authorization processes in Quebec Final report for September 2017 3) Identification and prioritization of the needs of both departments (the Environmental and Strategic Assessment Branch and the Regional Analysis and Expertise Branch Final report for January 2018 4) Adaptation Action Plan (AAP) elaboration Action Plan for February 2018 5) Implementation of the AAP in both departments (branches) and coordination of actions From March 2018 to March 2020

From now on The Action 10.1 and the EQA Modernization 12 NEW EQA Adoption Test- Climat applicable (in force) 2017 2018 2019 2020 2021 Test-Climat application rules to be defined Implementation of the Adaptation Action Plan for the environmental authorization sector Adaptation Action Plan for the environmental authorization sector Adjustment to existing tools Development of new tools Training for analysts and project managers Knowledge acquisition projects Monitoring and evaluation of real impacts and benefits, adjustments, etc.

Challenges, Limits, Opportunities 13 EIA can definitively contribute to the global efforts in addressing CC, but there are still many challenges down the road to make it efficient and maximize the benefits : Knowledge acquisition and transfer toward projects and practitioners : Reference data for current and future climate Risk and impacts forecast Technologies and practices for GHG emissions reduction (reduction, capture, valorization) Technology development, access and application Minimize costs and maximize profits for green industries, especially in an international market context Fairness in application Calculating GHG emissions

Challenges, Limits, Opportunities 14 Some limits : Existing projects Level of awareness among the proponents and the public (as a client or consumer) The main opportunities : Integrate CC consideration right at the outset of the project development phase, in order to make sure they are well adapted to a CC context and that GHG emissions have been minimize Integrate CC consideration in the decision making process Increase awareness on the importance of the fight against CC : better adapt to CC and reduce the GHG emissions

Thank You Merci 15 Merci Thank You http://www.mddelcc.gouv.qc.ca/evaluations/inter_en.htm http://www.mddelcc.gouv.qc.ca/changementsclimatiques/index-en.htm http://www.mddelcc.gouv.qc.ca/lqe/autorisations/index.htm