The Challenge of Reconciling Water and Agricultural Policies —The Role of Public Hearings - Water and Agriculture: Sustainability, Markets and Policies - page 384

Respect for watershed carrying capacity
In addition to remaining restrictions on pig farm development, two amendments to the
RRAO were adopted in December 2004 to take into account watershed carrying capacity
(Éditeur officiel du Québec, 2004). First, in degraded river basins (i.e., phosphorus
concentration above 0.03 mg/l at the river mouth), the regulation now prohibits any
further increase of cropland acreage until water quality standards can be met. This
measure takes into consideration the importance of limiting forest clearing and
maintaining sufficient forest cover to preserve water quality and uses, especially in
watersheds where there is intensive farming. The second amendment is specific to new
hog operations. It stipulates any farmer wishing to set up a new hog farm in a degraded
watershed must own 100% of the cropland required for spreading all new manure as set
out in their nutrient management plan. In non-degraded watersheds, the land ownership
requirement for new hog farms is set at 50% of the cropland needed for manure
spreading.
Implementation of environmental cross-compliance
In 2004, the Québec government passed the first Canadian legislation on
environmental cross-compliance in agriculture. The following year, Financière agricole ,
Québec's agricultural financing agency, introduced its first cross-compliance measure
(FADQ, 2004). It makes the phosphorus balance report required under the RROA since
2003 a condition of eligibility for agency programmes. Moreover, if a farm cannot satisfy
RROA acreage spreading requirements, it must draw up, with the assistance of its
agricultural adviser, an agri-environmental support plan ( Plan d'accompagnement en
agroenvironnement ), the provincial equivalent of the federal environmental farm plan.
This plan commits the farmer to implementing practices that will help meet the
phosphorus regulation requirements. Failure to respect these conditions may reduce or
eliminate the financial support that the farm is entitled to from the financing agency. In
May 2005, the requirements for the phosphorus balance report also became eligibility
criteria for the Québec Department of Agriculture property tax refund programme
(MAPAQ, 2005). These measures were the first to be introduced as part of plans to
progressively make provincial financial support programmes conditional to compliance
with environmental regulations.
Modification of the legal framework for land use planning and development
The adoption of Bill 54 in late 2004 brought some significant changes to land use
planning legislation. This modification concerns three key measures. First, a local public
information and consultation process is now compulsory before any new hog farm
applying for a certificate of authorisation can be approved. A guide explains the public
consultation process for new hog farm projects (MAMR, 2005a). Subsequent to local
consultations, the second measure allows municipal authorities to impose certain
mitigation requirements to help foster social acceptance of hog farm projects (roofing on
manure storage tanks, use of windbreaks to limit odours, location of hog barns, etc.)
before issuing a construction permit. Third, regional counties and municipalities may also
impose a quota on the total number of hog farms allowed in its designated agricultural
zones. On top of these measures, municipalities can also impose specific restrictions for
protecting wooded areas, buffer strips and sensitive ecosystems, and they may identify up
to 12 days when any manure spreading is forbidden (MAMR, 2005b).