The Minister of Energy and Natural Resources of Quebec and
Minister responsible for the Plan Nord, Pierre Arcand, made
public, on February 16, a Green Paper on social acceptability. The
document, entitled Guidelines of the Ministère de
l'Énergie et des Ressources naturelles in the Area
of Social Acceptability (the "Green Paper"), is part of
the broad-based workshop on the social acceptability launched in
November 2014 by the Minister Arcand focusing specifically on
mineral resource development projects.
The Green Paper was prepared, in
particular, from the observations pointed out in the report (only available in French) by Raymond
Chabot Grant Thornton in collaboration with Transfert
Environnement et Société, instructed by the
Minister Arcand to conduct a review of current practices and tools
at the Ministry of Energy and Natural Resources ("MENR")
and to hold discussion panels which were attended by local elected
representatives, stakeholders and citizens. The report, we recall,
noted that social acceptability, despite the absence of a consensus
definition thereon, did not mean unanimous support, but required
more than consultation.
The Green Paper outlines the five following guidelines proposed
by the MENR:
Make the MENR's roles and responsibilities in the area of
land use planning and land management better known.
Make the mechanisms for land
planning and land use harmonization contained in public land use
plans (PATPs) more transparent, participatory and up-to-date.
Establish predictable information
and consultation processes at all project stages.
Promote the sharing of benefits
from energy and mining development projects with host
Enhance the MENR's ability to
analyze the impacts, economic benefits and repercussions of
projects by taking social acceptability factors into account.
These five guidelines are each
divided into specific objectives and actions. Among these, we
Creating a major project management
team inside the MENR
Creating an independent office for
the economic analysis of projects
Develop a good practice guide for
partnerships, in particular between promoters and non-Aboriginal
Draft guidelines for use by
promoters in developing projects that take their social
acceptability factors into account
Establish a departmental policy for
the consultation of local communities
Improve the legislative and
regulatory framework governing guarantees and protection for
unforeseen project impacts, and the rehabilitation of closed
These guidelines, according to the
MENR, "propose some major changes and new approaches for the
MENR". It will be interesting to see how these changes will be
implemented and what impact they will have on the various
The Green Paper was well received by
the Quebec Mining Association (Association minière du
Québec), the Quebec Business Council on the Environment
(Conseil patronal de l'environnement du Québec)
as well as the Quebec Employers Council (Conseil du patronat du
The government now plans to hold
special consultations in parliamentary committee to validate these
guidelines. These consultations should be held next spring.
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In Bank of Montreal v Bumper Development Corporation Ltd, 2016 ABQB 363, the Alberta Court of Queen's Bench enforced the "immediate replacement" provision in the Canadian Association of Petroleum Landmen 2007 Operating Procedure...
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