Amendments to Quebec’s Environmental Assessment Procedure

On March 25, 2026, the Government of Quebec published the Règlement modifiant le Règlement relatif à l’évaluation et l’examen des impacts sur l’environnement de certains projets (Regulation to amend the Regulation regarding the environmental impact assessment and review for certain projects) (Regulation). Taking effect on December 1, 2026, the Regulation implements amendments to Quebec’s environmental impact assessment and review procedure (EIARP) introduced in 2025 through Bill 81.

Certain provisions of Bill 81 will amend Quebec’s Environment Quality Act (EQA) as of December 1, 2026. These amendments include requirements to provide additional information to Quebec’s Minister of the Environment, the Fight Against Climate Change, Wildlife and Parks (Minister) at the earliest stages of the process, assigning responsibility to the administrative body responsible for holding public hearings on the environment in Quebec, the Bureau d’audiences publiques sur l’environnement (BAPE), for organizing public information periods, introducing a new sectoral or regional environmental assessment process, and clarifying the concept of avoidance applicable to wetlands and bodies of water.

In addition, the Regulation restructures the EIARP framework by introducing the following changes.

More Detailed Notice of Intention

The Regulation significantly revises and expands the mandatory content requirements for the notice of intention that proponents must submit to the Minister at the outset of an EIARP. The information to be provided pursuant to the Regulation is more detailed and structured than that which was previously required, reflecting the broader objective of the amendments: to provide the Minister with more information earlier in the process in order to obtain the issuance of a more targeted directive, and to reduce the back-and-forth during the preparation of the environmental impact assessment statement (EIAS).

A notice of intention must now contain:

• A description of each phase of the project, from planning through closure
• The project variants (including those that have already been ruled out)
• The intended maximum capacity
• A structured list of anticipated impacts for each phase of the project, including cumulative impacts, exposure to adverse climate events, and greenhouse gas emissions and their sources

One of the Regulation’s most significant changes is the new requirement to provide, at the time of the submission of the notice of intention, the proposed content of the forthcoming EIAS, which must include:

• The proposed methodology for analyzing impacts and issues
• The proposed approach for characterizing and delineating wetlands and bodies of water, and for identifying avoidance and compensation measures
• A list of studies and inventories to be carried out, together with their protocols
• A timetable for submitting the EIAS, which the Minister may use to set a deadline to file the EIAS in the directive, which cannot exceed 5 years

Finally, proponents are now required to provide a copy of their notices of intention to relevant Indigenous band councils, in addition to municipalities.

Expanded Role of the BAPE Upon the Filing of a Notice of Intention

The Regulation provides that the information period for collecting public comments on the issues to be addressed by a project’s EIAS (Information Period) will now begin upon filing of the notice of intention. Previously, the information period began only after the Minister’s directive had been issued. Responsibility for the Information Period is entrusted to the BAPE as follows:

• Within 15 days after receiving the notice of intention, the Minister must ask the BAPE to announce the start of the environmental assessment and establish an Information Period.
• The BAPE must then launch the 30-day Information Period during which the public may comment on the notice of intention. However, the procedure does not specify the timeframe within which the BAPE must initiate the Information Period. The proponent is no longer required to publish a notice in a daily or weekly newspaper, as it is now incumbent on the BAPE to publish a notice on its website and by any other means it considers appropriate in the circumstances.
• Within 25 days after the end of the Information Period, the BAPE must provide the Minister with a report on the observations collected and a summary of the concerns raised, including the observations and comments that warrant inclusion in the EIAS.
• Within 30 days after the end of the Information Period, the Minister must provide the directive to the proponent.

It should be noted that the total amount of time between the filing of the notice of intention and the receipt of the Minister’s directive remains undetermined, as the procedure does not provide for a statutory timeframe within which the Information Period is to be launched by the BAPE.

New EIAS Admissibility Criteria

The Regulation introduces the notion of admissibility of an EIAS, which will occur at an earlier stage in the process. Once the Minister deems an EIAS admissible, notice is provided to the proponent and published in the environmental assessment register as soon as possible, thereby launching the environmental analysis by the Ministry and the BAPE public consultation stages, which take place simultaneously.

Considerations Regarding Timeframes Associated With the EIARP

According to a publication (only available in French) issued by Quebec’s Ministry of the Environment, the Fight Against Climate Change, Wildlife and Parks, the amendments to the EIARP will reduce the decision-making timeframe from 13 or 18 months to nine months. While this suggests a shorter formal review period, there remains doubt as to whether proponents will benefit from any real reduction in the overall EIARP-related timeframes.

Under the revised procedure, proponents will have to submit an elaborate notice of intention and produce an EIAS that satisfies the requirements set out in a more detailed directive. This preliminary work, which must be completed prior to the submission of the EIAS, is substantial and is not included in the Minister’s new nine-month timeframe. In addition to existing statutory exclusions (including any period during which the Minister waits for a project proponent to provide additional information or undertake research, as well as extensions granted by the Minister), the Regulation provides for a fixed two-month exclusion if the Minister directs the BAPE to proceed with a public hearing or targeted consultation mandate. Therefore, in the event of a public hearing, the maximum timeframe between the determination that the EIAS is admissible and the transmission of the Minister’s recommendation to the government is 11 months.

Other Changes Introduced by Bill 81

Bill 81 also introduces three additional notable amendments to the EQA.

New Ministerial Authority to Terminate or Restart the EIARP

As of December 1, 2026, the Minister will have the authority in certain circumstances to suspend an EIARP or require a proponent to return to a prior stage of an EIARP, including when:

• The EIAS is deemed inadmissible
• The information provided is false or incomplete, or substantially alters the scope of the EIAS
• The proponent does not comply with the Minister’s requests within the allotted time

The proponent must be notified in advance and will have 15 days to submit observations. For the procedure to resume, the proponent will be required to file a new notice of intention.

New Governmental Authority to Allow Certain Preliminary Work

As of December 1, 2026, for government projects that contribute to Quebec’s climate change or energy transition targets, the government may, in exceptional circumstances and following a recommendation from the Minister, authorize certain preliminary work to be carried out prior to the completion of the environmental assessment procedure, provided that such work does not compromise the adequate environmental protection and that its completion is considered necessary to achieve the targets within a shorter timeframe. The government may impose any conditions it considers appropriate in the authorization.

New Sectoral or Regional Environmental Assessment Procedure

A new sectoral or regional environmental assessment procedure has been introduced to the EQA. Taking effect on a date yet to be determined, this process is intended to assess plans or programs for the overall development of a sector of activity or territory. In particular, it aims to:

• Identify cross-functional and cumulative issues prior to implementing individual projects
• Ensure public participation, including participation by Indigenous communities, in the planning process
• Simplify environmental authorizations for projects that fall within the scope of plans or programs assessed by way of this procedure

Conclusion

The amendments to the EIARP are part of the Quebec government’s broader efforts to modernize and streamline the province’s authorization processes. These efforts include Bill 5, which establishes a fast-track process for public and private projects designated as national-scale projects. See our Bulletin Blakes: Quebec’s Bill 5: Fast-Tracking Priority National-Scale Projects for further insights into this topic.

For more information, please contact the authors or any member of our Environmental group.