GEOG 4230 - Lecture Notes
December 2nd - Land Claims
EA in Quebec/JBNQA
● Quebec - Ancestral vs Migrated Settlement
○ British have invoked the Royal Proclamation to lands in Quebec that affect only the
Innu and Mi’kmaq - still living on ancestral lands - but not to those who had recently
migrated to the region and settled along the St. Lawrence Valley
■ Huron-Wendat (from Huronia) settled in the region after 1650
■ Iroquois who settle Kahnawake, Kahnesatake, and Akwesasne in 1660s
■ Abenaki settled onto southern St. Lawrence in 1670s
● Quebec Act (1774)
○ Peculiarity in Quebec - Abolishes Royal Proclamation within the boundaries of the
province of Quebec
○ Quebec does not recognize pre-existing title
○ But the Quebec Act provides no alternative to purchase lands from Aboriginal title
holders
● Transfer of Rupert’s Land to Canada - 1870
○ In the transfer, Canada assures Great Britain land claims would be resolved according
to the principles of equity embedded in the Royal Proclamation of 1763
● Transfer of Rupert’s Land to Quebec - 1912
○ 1912 - Canada extends boundaries of Quebec
○ In doing so, extends the obligations of the Royal Proclamation to Quebec
■ Quebec would recognize the rights of the Aboriginal inhabitants in Rupert’s
Land
■ Would obtain surrender of lands
■ They would be compensated
○ Never done
● Calder Case
○ Supreme Court of Canada recognizes there is something to Aboriginal title
○ Forces Canada to deal with Aboriginal title to lands that are not covered under
Pre-Confederation or historical treaty
■ Comprehensive Land Claim Policy
● Modern-day land claims (treaties) have to be negotiated
● James Bay Northern Quebec Agreement
○ Signed in 1975 between Canada, Quebec, Cree, Inuit, Hydro-Quebec
○ 1st modern day land claim in Canada
■ Established in 3 communities
● Evaluating Committee - Canada, Quebec, Cree
● Review Committee - Canada, Quebec, Cree
● Kativik Environmental Quality Committee - Quebec, Inuit
○ At the time there was no EA legislation in Canada (Environment Quality Act (1978))
, ■ Cree and Inuit insisted on negotiating an environmental and social impact
assessment regime as part of the land claim agreement
■ Increased participation in decision-making for natural resources and
environmental management
■ Not perfect
● Regulatory Framework
○ Environment Quality Act (2017)
■ Chapter I - procedures that apply in the southern part of Quebec
● Also, consider the Canada-Quebec Cooperation Agreement on
Environmental Assessment (2010) if project triggers a federal EA
■ Chapter II - procedures that apply in the northern part of Quebec, provided
under the:
● James Bay and Northern Quebec Agreement
● Northeastern Quebec Agreement
● Environment Quality Act (2017)
○ Regulation Respecting the Environmental Impact Assessment and Review (2018)
■ Considers environmental, social, economic, scientific, and technological aspects
■ Takes into account the greenhouse gas emissions attributable to a project
■ Analysis of the risks and impacts of climate change on the project and on the
environment where it is located
■ Decision must be made within a maximum period of 13 or 18 months
● Environmental Impact Assessment and Review Procedure in Southern Quebec
○ Notice of the project
○ Environmental Assessment Registry
■ Within 15 days
■ From the very first stages of the development of their projects, the Minister
allows the public to have input on project design (period of 30 days allowed)
■ This gets published on the Registry
○ Office of Public Hearings on the Environment
■ The Minister sends the impact study to the BAPE to hold a public information
period - 30 days
■ The BAPE sends a report to the Minister (20 days)
○ Decision of Minister (up to 18 months)
● Projects Covered
○ Roads
○ Electric and transmission lines and stations
○ Dams, dykes, ports, wharfs
○ Rerouting/diversion of rivers
○ Airports
○ Oil pipelines and clearly defined mining and natural gas pipelines
○ Pulp and paper mills
○ Toxic waste disposal
, ○ Pesticide spraying
○ Landfill
● Northern EA Process
○ Varies depending on whether project is located south or north of the 55th parallel
(Inuit) Arctic
○ Process:
■ Project notice
■ Preliminary assessment
■ Impact study prepared
■ Reviewed by appropriate committee
● Evaluating committee
● Review committee
● Kativik Environmental Quality Committee
■ Administrator makes a decision
● Minister of Sustainable Development, Environment and Parks
(provincial) or President, Impact Assessment Agency (FEARO) if federal,
or Administrator of appropriate Cree Council
November 28th - Cumulative Effects
Cumulative Effects & Strategic Assessment
● Cumulative Effects
○ The IAIA states that the International Finance Corporation (IFC) of the World Bank
defines CEA as:
■ The process of:
● Analyzing the potential impacts and risks of proposed developments in
the context of the potential effects of other human activities and natural
environmental and social external drivers on the chosen [valued
components] over time
● Proposing concrete measures to avoid, reduce, or mitigate such
cumulative impacts and risks to the extent possible
○ Ecological and socio-economic systems can be remarkably effective at absorbing or
adapting to change - but not indefinitely
○ Cumulative effects may result if:
■ The implementation of the project may cause direct residual adverse effects to
the VC, taking into account the application of technically and economically
feasible mitigation measures
■ The same VC may be affected by other past, present and future physical
activities
○ The cumulative effects assessment must include consideration of cumulative effects to
rights of Indigenous peoples and cultures
○ Proponent will not identify VC components
● Impact Assessment Agency Guidance on CEA
December 2nd - Land Claims
EA in Quebec/JBNQA
● Quebec - Ancestral vs Migrated Settlement
○ British have invoked the Royal Proclamation to lands in Quebec that affect only the
Innu and Mi’kmaq - still living on ancestral lands - but not to those who had recently
migrated to the region and settled along the St. Lawrence Valley
■ Huron-Wendat (from Huronia) settled in the region after 1650
■ Iroquois who settle Kahnawake, Kahnesatake, and Akwesasne in 1660s
■ Abenaki settled onto southern St. Lawrence in 1670s
● Quebec Act (1774)
○ Peculiarity in Quebec - Abolishes Royal Proclamation within the boundaries of the
province of Quebec
○ Quebec does not recognize pre-existing title
○ But the Quebec Act provides no alternative to purchase lands from Aboriginal title
holders
● Transfer of Rupert’s Land to Canada - 1870
○ In the transfer, Canada assures Great Britain land claims would be resolved according
to the principles of equity embedded in the Royal Proclamation of 1763
● Transfer of Rupert’s Land to Quebec - 1912
○ 1912 - Canada extends boundaries of Quebec
○ In doing so, extends the obligations of the Royal Proclamation to Quebec
■ Quebec would recognize the rights of the Aboriginal inhabitants in Rupert’s
Land
■ Would obtain surrender of lands
■ They would be compensated
○ Never done
● Calder Case
○ Supreme Court of Canada recognizes there is something to Aboriginal title
○ Forces Canada to deal with Aboriginal title to lands that are not covered under
Pre-Confederation or historical treaty
■ Comprehensive Land Claim Policy
● Modern-day land claims (treaties) have to be negotiated
● James Bay Northern Quebec Agreement
○ Signed in 1975 between Canada, Quebec, Cree, Inuit, Hydro-Quebec
○ 1st modern day land claim in Canada
■ Established in 3 communities
● Evaluating Committee - Canada, Quebec, Cree
● Review Committee - Canada, Quebec, Cree
● Kativik Environmental Quality Committee - Quebec, Inuit
○ At the time there was no EA legislation in Canada (Environment Quality Act (1978))
, ■ Cree and Inuit insisted on negotiating an environmental and social impact
assessment regime as part of the land claim agreement
■ Increased participation in decision-making for natural resources and
environmental management
■ Not perfect
● Regulatory Framework
○ Environment Quality Act (2017)
■ Chapter I - procedures that apply in the southern part of Quebec
● Also, consider the Canada-Quebec Cooperation Agreement on
Environmental Assessment (2010) if project triggers a federal EA
■ Chapter II - procedures that apply in the northern part of Quebec, provided
under the:
● James Bay and Northern Quebec Agreement
● Northeastern Quebec Agreement
● Environment Quality Act (2017)
○ Regulation Respecting the Environmental Impact Assessment and Review (2018)
■ Considers environmental, social, economic, scientific, and technological aspects
■ Takes into account the greenhouse gas emissions attributable to a project
■ Analysis of the risks and impacts of climate change on the project and on the
environment where it is located
■ Decision must be made within a maximum period of 13 or 18 months
● Environmental Impact Assessment and Review Procedure in Southern Quebec
○ Notice of the project
○ Environmental Assessment Registry
■ Within 15 days
■ From the very first stages of the development of their projects, the Minister
allows the public to have input on project design (period of 30 days allowed)
■ This gets published on the Registry
○ Office of Public Hearings on the Environment
■ The Minister sends the impact study to the BAPE to hold a public information
period - 30 days
■ The BAPE sends a report to the Minister (20 days)
○ Decision of Minister (up to 18 months)
● Projects Covered
○ Roads
○ Electric and transmission lines and stations
○ Dams, dykes, ports, wharfs
○ Rerouting/diversion of rivers
○ Airports
○ Oil pipelines and clearly defined mining and natural gas pipelines
○ Pulp and paper mills
○ Toxic waste disposal
, ○ Pesticide spraying
○ Landfill
● Northern EA Process
○ Varies depending on whether project is located south or north of the 55th parallel
(Inuit) Arctic
○ Process:
■ Project notice
■ Preliminary assessment
■ Impact study prepared
■ Reviewed by appropriate committee
● Evaluating committee
● Review committee
● Kativik Environmental Quality Committee
■ Administrator makes a decision
● Minister of Sustainable Development, Environment and Parks
(provincial) or President, Impact Assessment Agency (FEARO) if federal,
or Administrator of appropriate Cree Council
November 28th - Cumulative Effects
Cumulative Effects & Strategic Assessment
● Cumulative Effects
○ The IAIA states that the International Finance Corporation (IFC) of the World Bank
defines CEA as:
■ The process of:
● Analyzing the potential impacts and risks of proposed developments in
the context of the potential effects of other human activities and natural
environmental and social external drivers on the chosen [valued
components] over time
● Proposing concrete measures to avoid, reduce, or mitigate such
cumulative impacts and risks to the extent possible
○ Ecological and socio-economic systems can be remarkably effective at absorbing or
adapting to change - but not indefinitely
○ Cumulative effects may result if:
■ The implementation of the project may cause direct residual adverse effects to
the VC, taking into account the application of technically and economically
feasible mitigation measures
■ The same VC may be affected by other past, present and future physical
activities
○ The cumulative effects assessment must include consideration of cumulative effects to
rights of Indigenous peoples and cultures
○ Proponent will not identify VC components
● Impact Assessment Agency Guidance on CEA
