LMCI Meeting Summary - Bureau d'audiences publiques sur l'environnement (BAPE) - 24 April 2008

Primary mandate: Public information and consultation

• 45-day period ordered by the Minister for all projects subject to regulation.
• Documentation posted on-line and made available in temporary consultation premises in the municipalities and in BAPE's two permanent centres (Quebec City and Montreal).
• BAPE sends out news releases and the proponent issues the notice.
• Information sessions held midway through the 45-day period (increasing numbers of people are participating) at which the assessment and public participation procedure is presented and participants are informed of their right to request a public hearing. The proponent presents the project and answers questions from the public.

Secondary mandate: Investigation and public hearing

• Four-month period ordered by the Minister when the public requests a hearing and the request is deemed not frivolous.
• BAPE's Chair mandates an investigation panel whose members have the powers and immunity of a justice of the Superior Court of Quebec, with the exception of the authority to impose prison sentences.
• Non-judicial process that respects the rules of procedural fairness and conducted in two parts: one devoted to information and the other to the expression of opinions; the two are held at least 21 days apart.
• Experts, often provincial government employees, are called on to answer questions from the public - based on the questions/information needs of the public and the panel.
• Documents are filed and transcripts of public sessions are posted on the Internet and made available in consultation centres.
• News releases and contact with the media.

Challenges

• The Quebec assessment procedure does not provide funding to promote participation by the public and interest groups, although BAPE often receives requests for funding. If such a system were to be implemented, BAPE would not want to be responsible for it, in order to ensure it remains completely independent.
• BAPE has little control over its own schedule, which is arranged to fit the schedule of the Environment Minister. This means there is little flexibility for responding to any public requests concerning the schedule.