Office of public sittings on the environment

The Bureau of public sittings on the environment (BAPE) is an organization of the government of the Quebec, founded in 1978. It is about an independent organism and impartial.

It delivers opinions to the Ministère of Sustainable development, Environment and Parks about the construction projects of roads, bridges, installation of an industry, waste disposal, energy, etc It has like mandate the diffusion of information concerning its projects just as the consultation of the public.

In particular for all the large projects of installation close to the inhabited places.

Operation of the evaluation of the project

Period of information

For all subjected projects, the BAPE makes one period of information of the one 45 days minimum duration old public. It holds an information center just as meetings of information so that the citizens is capable to take share with the process if it wishes it.

During this period, a register is held to collect the comments.

Inquire

The police chiefs of the BAPE are charged to hold an investigation into the project. They have legal capacities to do it. It is them which chairs the board of inquiry.

Mediation

The procedure of mediation exists since the Années 1990 and aims at avoiding the long process of public sittings in the event of an opposition minor to the project. It is about the responsible minister which makes the decision to authorize a procedure of mediation. In this case, the promoter and the organizations plaintiff have two months to get along on modifications with the project so that this one receives the support of all. If the actors do not get along, the project for emerging all the same in public sittings

Public sitting

The public sittings are the part of the work of the most visible BAPE of the public. It consists of two phases. The first is a meeting of information of greater scale than that of the beginning. The second phase is the reception of the opinions of the speakers. The citizens very as much as the groups can bring their point of view at the time of this phase. The whole of the comments are collected and included in the final report of the commission.

Decisions

The Commission Report is submitted to the Minister for Sustainable development, the Environment and the Parks which has 60 days to make it public.

The decision to make continuation or not with the project returns to the the Council of Ministers, under recommendation of the minister.

Beginning its creation, no recommendation of the BAPE was ratified by the government.

Critics of the BAPE

Although the BAPE is more and more an institution respected with the Quebec, some criticisms remain as for its operation.

On a side, certain people find that in spite of a good will to leave more place to the citizens, the burden of the proof always remains between the hands of the promoter. The citizens are always in position of criticism and cannot really take part in the development of the project. When a project is analyzed by the BAPE, it is very already well tied up and generally, there are few possibilities of being major changes.

The procedure of mediation is also called in question. This possibility of avoiding the public sittings is often perceived like a fast track to avoid creating too much movement with a project. Moreover, the resolution of a conflict during the mediation does not mean that the project answers the general interest of Quebec. It is rather about the fruit of the negotiation between the promoter and the plaintiff organization.

Finally, contrary to the first criticisms, certain people think that the culture of the consensus in Quebec takes more and more place with the profit of the effectiveness. While systematically passing all the projects with the public consultation, one delays the setting-in-work of project interesting for Quebec. It is one of criticisms which had made André Caillé in a media outing discussed in November 2006. He affirmed whereas “the organization paralyzes any attempt at development in Quebec”.

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