BAPE-comment participer

Accueil / Comment participer

How to participate (PDF folder)

What is the BAPE?

The Bureau d’audiences publiques sur l’environnement (BAPE) is a neutral and independent organization that reports to the Minister of Sustainable Development, Environment, Wildlife and Parks. It allows citizens to learn about and express their views on projects that could have repercussions on the environment and on their quality of life as well as on any question related to the quality of the environment.

Its mission is to enlighten government decision-making in a sustainable development perspective, which encompasses the biophysical, social and economic aspects. To carry out this basic mission, the BAPE provides information, makes inquiry and consults the public on projects or questions related to the quality of the environment submitted to the BAPE by the Minister. The BAPE then prepares inquiry reports on these files. The projects include, among others, roads, landfill sites and industrial, electrical and energy-related projects. The BAPE also allows proponents to ensure a harmonious cohabitation between their project and the community.

Processing of a project before the BAPE

A project falling within the purview of the Regulation regarding environmental impact assessment and review is subject to an administrative procedure (see the summary of the phases of the administrative procedure). Phase 3 of the procedure, public participation, is carried out by the BAPE, which receives its mandates from the Minister of Sustainable Development, Environment, Wildlife and Parks. This figure illustrates the progress of projects at the BAPE. Before a project is entrusted to the BAPE, it must make it through the following stages at the Ministère du Développement durable, de l’Environnement, de la Faune et des Parcs (MDDEP) in order to comply with government requirements:
•	the proponent notifies the Minister of its intention to carry out a project;
•	the Minister indicates to the proponent, in a directive, the elements that must be found in the impact study: justification of the project, its impacts, its variants if any, the description of the natural and human environment, the planned mitigation measures, etc.;
•	the proponent then carries out its impact study and submits it to the Minister;
•	MDDEFP specialists, in collaboration with those of other Departments and agencies concerned by the project, analyze, where necessary, if the impact study meets the requirements of the Minister’s directive. Following this verification, the Department may ask the proponent to clarify certain aspects of its impact study before the latter is made public by the BAPE;
•	once the impact study is deemed sufficiently complete, the Minister is ready to entrust the BAPE with a first mandate, that of holding a public information and consultation period.

Active and essential role of citizens

Citizens obtain information, read the documentation, ask questions during the public session or in writing and then prepare and submit a brief. The knowledge, opinions and suggestions of citizens can go a long way toward improving a project or influencing the final decision. The BAPE considers citizens to be experts in their community because it is they who will stay in the community and will have to live with the repercussions of a project, whether positive or negative.

Upon request, this advisor will also endeavour to meet, wherever possible, the special needs of persons with a disability in order to facilitate their participation in the various mandates.

To allow citizens to play their role well, from the outset of the mandate, the BAPE:
•	creates an e-mail address associated with the project;
•	opens consultation centres in the region concerned by the project;
•	makes available the project documentation on the BAPE Website and at the consultation centres;
•	establishes a mailing list specific to the project to allow interested persons to sign up and to receive information on the project;
•	issues a first press release at the start of the public information and consultation period;
•	announces the hearing mandates by a public notice in regional newspapers and media;
•	holds public sessions.

We invite you to consult the multimedia presentation of the BAPE (available in French only).
	WINDOWS	MAC

Taking part in the public information and consultation period ›››

Taking part in médiation ›››

Taking part in a public hearing ›››

› Unfolding of a public information and consultation period
› Learning about the activities of the information period
› Requesting a public hearing

Unfolding of a public information and consultation period

The public information and consultation period consists of making public the impact study and the other documents pertaining to the project. The regulatory duration of this period is 45 days. During this period:
•	the documentation on the project is made available at consultation centres (for example, a municipal library) opened in the region affected by the project and is published on the BAPE Website; the addresses and telephone numbers of the centres are disseminated by press release, public notices and posters;
•	the BAPE holds an information session which citizens from the community in question are invited to attend; at this session, the BAPE explains the procedure, the proponent presents its project, and citizens have the opportunity to ask questions;
•	it is during this 45-day period that a person, a group, an organization or a municipality in favour of a public discussion and evaluation of the project can submit an application in writing to the Minister requesting a public hearing;
•	once the information period is over, the BAPE prepares a report which it then sends to the Minister; this report is added to the documentation available to the public.

Learning about the activities of the information period

Citizens can learn about the information periods in several ways:
•	proponents are required to publish public notices in newspapers announcing the information period related to their project;
•	as the BAPE will have issued a press release at the start of this period, the media will disseminate information on the project;
•	as soon as a new information period begins, the BAPE website dedicates a special section to the project. This section contains all the information available regarding the project;
•	citizens can obtain information by contacting the BAPE at
•	Bureau d'audiences publiques sur l'environnement Telephone: 418 643-7447 Toll-free: 1 800 463-4732 E-mail: communication@bape.gouv.qc.ca
It should be noted that at the present time the BAPE is unable to offer a secured site and does not have the technology permitting encryption for the transmission of e-mails or forms containing personal information. However, this personal information is treated in accordance with an Act respecting access to documents held by public bodies and the protection of personal information. Electronic correspondence is handled according to the same confidentiality rules as correspondence in paper format.

Requesting a public hearing

•	Any person, group, municipality or organization may submit a request for public hearing.
•	The applicant shall describe the reasons for his request and his interest in relation to the affected community.
•	The application must be made in writing and be sent to the Minister by not later than the last day of the 45-day public information and consultation period.
•	The application contains contact details.

It shall be sent by mail to Mr. Yves-François Blanchet:
		Mr. Yves-François Blanchet Office of the Minister Ministère du Développement durable, de l'Environnement, de la Faune et des Parcs Édifice Marie-Guyart, 30^e étage 675, boulevard René-Lévesque Est Québec (Québec) G1R 5V7 Telephone : (418) 521-3911 Télécopieur : (418) 643-4143

At the end of an information period, if the minister has received no request for a hearing, the role of the BAPE ends here and the Department will continue its environmental analysis of the project. If the Minister receives a request for a hearing, unless he deems it frivolous (unfounded), he will then entrust the BAPE with a second mandate, namely that of holding a public hearing. In some cases, the Minister may entrust the BAPE with a mediation mandate, when he deems that the subject matter of the requests for a public hearing lends itself to such a mandate.



	La médiation (PDF folder available in French only)
	When negotiations between the persons or the groups who requested a public hearing and the project’s proponent appear possible, the Minister of Sustainable Development, Environment, Wildlife and Parks may entrust the BAPE with an inquiry and mediation mandate. The purpose of mediation is to arrive at an agreement between the parties involved. The mediation’s objective is to seek a settlement of the disputes regarding the project’s impacts, and to reach an agreement on the points in dispute between the parties concerned, while respecting the environment and the quality of life of the community. In principle, mediation takes place between the person(s) who requested a public hearing and the proponent of a project. In the case where no agreement is reached, the applicants retain their right to obtain the holding of a public hearing. At the end of its mandate, which generally lasts two months, the BAPE submits to the Minister of Sustainable Development, Environment, Wildlife and Parks a report that includes the mediator’s findings and analysis. The Minister has 60 days to make the report public.

A public hearing is divided into two parts. In the first part, both the commission and the general public have an opportunity to learn more about the various aspects and issues at stake, and in the second part, members of the general public are able to express their opinions. Anyone may attend either or both parts of the hearing.

›	The public hearing process
›	Obtaining information on the commission's activities
›	Consulting the documentation
›	Participation rules
	›	Protection of personal information
	›	Privacy of third parties
	›	Copyright
›	First part: Obtaining information
›	Second part: Expressing your opinion
›	How to express your opinion
›	Notice of intention
›	Notice of the meeting
›	Verbal presentations and briefs
›	How to submit a brief
›	How to submit an electronic document
›	Production of the report by the BAPE
›	Public release of the report
›	What happens next

The public hearing process

The inquiry and public hearing process takes place over a period of no more than four months, and is divided into two parts. Upon receiving the mandate from the Minister, the BAPE Chairman sets up an inquiry commission composed of one or more commissioners.


Before the public sessions are held:
•	the documentation available at the consultation centres is updated;
•	a mandate-specific web page is created, where members of the general public can consult the documentation and schedule of activities;
•	the commission meets separately with the applicants, proponent and resource people to explain the inquiry and hearing process and how to prepare for it.

Obtaining information on the commission's activities

The general public is informed of the public sessions via the media, specifically through the publication of notices in newspapers. Information on the commission’s activities is also published on the website.

Consulting the documentation

Throughout the mandate, the documents and information obtained by the inquiry commission are made available to the general public on the BAPE website, in temporary consultation centres set up in the communities concerned, and at the documentation centres in Québec City and Montreal.

Everything said at a public hearing is recorded and transcribed, and the transcriptions are also made available to the general public along with the other documentation.

Full documentation on completed projects remains permanently available on the BAPE website and at the documentation centres in Québec City and Montreal.

Participation rules

The participation rules are designed to facilitate participation in the process and to maintain a calm and respectful atmosphere. The purpose of the consultation is to hear participants’ opinions, concerns and supporting arguments. Every person who takes part in a public hearing must comply with the following rules:
1.	Verbal presentations and briefs must be respectful of the people concerned, and must be confined to the project itself.
2.	They must not contain personal attacks, insults or threats.
3.	They must not contain remarks likely to harm a person’s reputation or invade a person’s privacy, nor must they include content that infringes a person’s image rights (for example, a person’s image in a photograph).
4.	They must not contain remarks that promote misleading or illegal information.
5.	They must not contain remarks reproducing text that is protected by copyright (for example, a newspaper article or excerpt from a book).
6.	Personal information should be limited to those elements that are useful for the arguments developed.

Authors are liable for their verbal presentations or briefs as published.The BAPE does not offer legal opinions or interpret legislation for participants. The BAPE is in no way liable for verbal presentations or briefs. The BAPE reserves the right to interrupt verbal presentations and not to publish briefs that do not comply with the above rules. If you hear or observe remarks that infringe the above rules, please report them to: communication@bape.gouv.qc.ca.

Protection of personal information

Verbal presentations and briefs are available during and after the mandate, and are widely circulated. We therefore recommend that you include only public information that you are willing for others to read. The following exceptions apply.

•

Citizens who make verbal presentations or submit briefs are identified by their given names and surnames, along with the name of the municipality in which they live. Representatives of groups, municipalities, organizations and companies are identified by their given names and surnames, along with their positions. All this information is made available to the general public.

•

Other personal information must be provided in communications with the BAPE, among other things so that you may be invited to the public hearing. This information is shown on the Notice of Intention form that is available during the public hearing. However, it is not published.

Privacy of third parties

Statements and remarks made in a verbal presentation or brief may include information that is prejudicial to third parties. For example, they may inadvertently reveal elements of a person’s private life, or include documents containing unauthorized images of a person.

Authors are responsible for ensuring that their verbal presentations or briefs do not contain remarks that may intrude upon another person’s privacy.

If, for the sake of argument, it is necessary to provide information concerning another person’s private life, we recommend that his or her consent is obtained first. If in doubt, the best way to avoid legal action for breach of privacy is to obtain the person’s written permission to use the information.

Copyright

Copyright is the exclusive right to decide to circulate, reproduce, communicate, publish, adapt or translate a text.

Authors must ensure that the information (texts, images and other material) they provide does not breach or infringe copyright, industrial property rights or commercial property rights. If the content of a message has been borrowed from another author, we recommend that you obtain the author’s permission to use it, and that you mention his or her name, before submitting your brief or making your verbal presentation.

If you search the BAPE website, regional consultation centre or documentation centre and wish to reproduce the information you find, please ensure that you do not breach the author’s copyright. Among other things, you should not reproduce or circulate published briefs without the authors’ permission.

First part: Obtaining information

During the first part of the hearing, the commission holds public sessions in the region affected by the project. Both the proponent and the resource people identified by the commission are available to answer questions from the general public and the commission. The number of sessions is determined by the commission, based on its own needs and those of the general public. The end of the first part of the hearing and the beginning of the second part must be at least 21 days apart, so that citizens have time to:
•	inform the commission secretariat that they intend to submit a brief or make a verbal presentation;
•	prepare their brief or verbal presentation.

Second part: Expressing your opinion

Public participation is essential to the inquiry commission’s work, since it allows the commission to hear participants’ arguments, opinions and suggestions before preparing its report for the Minister of Sustainable Development, the Environment, Wildlife and Parks.

Before preparing their observations, the BAPE encourages participants to read the content available on the BAPE website, in the temporary regional consultation centres and at the Québec City and Montreal documentation centres.

At the end of the sessions, any person may exercise the right of rectification to correct facts or information presented at the hearing.

How to express your opinion

There are three ways to express your opinion:
•	by submitting a brief and presenting it at the public session;
•	by submitting a brief but not presenting it at the public session;
•	by expressing your opinion verbally at the public session, without presenting a brief.
We recommend that organizations should submit briefs, to ensure that their position is explained as accurately as possible to the inquiry commission. If the brief is to be presented at the public session, the organization should appoint someone to do this, and should indicate the person’s given name, surname and position.

Notice of intention

It is extremely important for participants to give notice of their intention to make a verbal presentation or submit a brief, at least two weeks before the beginning of the second part of the public hearing, by completing the Notice of Intention form. The form is made available in electronic format on the website when the hearings begin, and paper copies are placed in the room during the part one sessions. Completed electronic forms must be sent as e-mail attachments to the address shown on the form. Participants may also register their intention by mail, by fax (418 643-9474) or by telephone (418 643-7447 or toll-free at 1 800 463-4732).

Participants who wish to present a brief and give notice of their intention to do so before the deadline will be allotted 15 minutes, followed by a discussion period with the commission if necessary. If the brief is too long to be read within the 15-minute period, a one-page summary should be included, and it is this summary that will be read at the session.

If the notice of intention is late, the time available for presentation and discussion may be shorter.

Notice of the meeting

Five days before the session is due to be held, the commission secretariat coordinator contacts everyone who has given notice of their intention to participate, informing them of the date of the session at which their verbal presentations will be made. In the case of participants who submitted briefs at least four days before the beginning of the second part of the public hearing, the coordinator also confirms the time allowed for the presentations.

Verbal presentation and briefs

Verbal presentation and briefs are used to express opinions and concerns regarding the project, and to develop and clarify the underlying arguments.

Generally speaking, they should answer the following questions:

•	Why are you interested in the project?
•	What are your concerns regarding the project?
•	How does the project affect the environment and quality of life?
•	Is the project acceptable in the community, and why?
•	What are your comments and suggestions for improvements?
•	Is the proposed option the one that will have the least impact for the community? Why?
•	In your opinion, are there any aspects of the project that should be changed? If so, what are they, and why should they be changed?
•	Do you have any other suggestions?
•	Do you think the project should be authorized or not?

Participants who make verbal presentations or submit briefs must identify themselves by their given name, surname and the name of the municipality in which they live. A legal person must also identify itself by its name (given name and surname where applicable), and by its representative’s position.

Every brief must bear the name of the project concerned, and must also be dated and paginated. The phrase “End of Document” must appear after the last paragraph, to show that the document presented has not been shortened in any way.

How to submit a brief

Every participant who wishes to submit a brief must do so at least four days before the beginning of the second part of the public hearing. This gives the inquiry commission members sufficient time to read the brief, so that they can discuss it with the author after the presentation.

The commission secretariat coordinator confirms receipt of the brief as quickly as possible, provided it was received before the submission deadline.

Briefs must be submitted by e-mail to the special mandate address, and the name of the project should appear in the covering message. Participants who do not have access to a computer may submit briefs by fax or by mail, to the BAPE Secretariat, for the attention of the commission secretariat coordinator. The name of the project should appear on the document.

A brief, once submitted, should not be changed. Any additional information must be sent in the form of an addendum, which will appear as an appendix to the brief.

A brief remains confidential until it has been presented at the hearing. Any briefs not presented are made public at the end of the second part of the hearing.

How to submit an electronic document

The electronic version of a brief must be submitted in PDF, and must not be password-protected. A security protection will be applied to the document before it is published on the BAPE website. Briefs submitted by participants who are not able to comply with this requirement should be compatible with Microsoft Office Suite for Windows, so that they can be converted into the appropriate format.

Electronic documents should comprise only one file, which must contain the entire brief.

Production of the report by the BAPE

When the second part of the hearing is over, the commission drafts its inquiry and public hearing report. The BAPE then makes its report to the Minister, containing its observations and analysis. This must be done within four months from the beginning of the mandate.

The commission’s work ends here.

Public release of the report

After receiving the report from the BAPE, the Minister has 60 days to release it to the general public. Before the end of the 60-day period, the Minister asks the BAPE to release the report and send copies to the proponent, the applicants and any other person who so requests.

The BAPE’s role ends here.

What happens next

The Minister, based on the environmental analysis by the Ministère du Développement durable, de l’Environnement, de la Faune et des Parcs and on the report prepared by the BAPE, makes recommendations to the Conseil des ministres, which in turn is responsible for making the final decision to authorize the project, with or without changes, on the conditions it determines, or to reject the project.