The Challenge of Reconciling Water and Agricultural Policies —The Role of Public Hearings - Water and Agriculture: Sustainability, Markets and Policies - page 377

Box 1. BAPE : A tool for participative democracy
The Bureau d'audiences publiques sur l'environnement (BAPE) was established in 1978 under the Québec
Environment Quality Act . It is a quasi-judicial government organisation dedicated to informing and
consulting the public on questions related to the quality of the environment. BAPE reports to the Minister of
Sustainable Development, Environment and Parks, who assign the organisation's terms of reference.
BAPE members are appointed by the government. As a tool for participative democracy, social
convergence and decision-making assistance, BAPE helps citizens influence the decision making process
for projects that may have major repercussions on the environment.
BAPE may be asked to:
conduct environmental impact assessments and reviews involving public participation
conduct a public review of a specific environmental problem, and
hold public consultations on protected area projects within the context of the Natural Heritage
Conservation Act.
A mandate to hold inquiries and public hearings
The BAPE president sets up a commission and designates the BAPE member who will serve as
commission chairperson. Commissioners have the status of investigators and, as a result, benefit from
quasi-judicial powers allowing them, among other things, to subpoena documents for release to the public.
Commissioners are empowered to take such action under the Act respecting public inquiry commissions .
They must take an oath and must also abide by a code of ethics and professional conduct. In addition to
holding inquiries, the commissioners help citizens understand the technical aspects associated with a
project. Hearings take place in two parts. The aim of the first part is to inform the public and the commission
about the project, whereas the aim of the second is to solicit public opinion. Any person may submit a brief
or orally present their opinions and/or suggestions concerning a project, impact study or any other
document related to the mandate of inquiries or hearing.
BAPE reports
Each BAPE commission drafts a report containing an analysis of the viewpoints expressed during the
hearings and reports on the commission's findings and opinions. At the end of the commission's mandate,
the BAPE report is submitted to the Minister of Sustainable Development, Environment and Parks, who
then has 60 days to make it public. In light of the BAPE report and the environmental analysis prepared by
his department, the minister makes his recommendation to the Cabinet, which is responsible for the final
decision concerning the project.
Source: BAPE, 2005 and www.bape.gouv.qc.ca/
According to the Commission, a new strategy for farm pollution control should
include the following key elements:
eliminate inconsistencies between government agricultural and environmental policies
establish environmental cross-compliance measures in farm support programmes
reinforce control and monitoring measures for farming operations
offer payment for environmental services provided by farmers
apply the polluter-payer principle through the use of economic tools
adopt proper management measures for watercourse buffer strips, and
encourage the adoption of best management practices.
As we will see in the following sections, the BAPE Commission's report on Québec
water management has set forth guiding principles for the development of provincial
water policy and, in the specific case of agricultural activities, has played an important
role in identifying the conditions and incentives necessary to bring stakeholders a step
closer to adopting more appropriate measures for dealing with non-point source pollution.