Wetlands are at the heart of Quebec’s ecosystems, playing an essential role in preserving biodiversity, regulating the climate, and protecting against flooding. Yet, despite their importance, they continue to disappear at an alarming rate. Why are these environments so threatened, and how can we better protect them?
On November 19, the Environmental Heritage Fund organized a webinar to address these crucial questions. Hosted by Dida Berku, this event brought together several experts and activists committed to preserving natural environments.
The evening’s keynote speaker was Catherine Vallée, a retired biologist and teacher who now devotes her time to defending green spaces. Her commitment began in 2020 when she joined a citizen group campaigning to save the last green space in her municipality, which was threatened by a real estate project.
In response to these challenges, in 2021, she founded the Golf Course in Transition coalition, which promotes the exchange of experiences between citizen groups and the implementation of joint actions to protect natural environments. She is also active in networks such as the Green Coalition, the Réseau Demain le Québec, and the Mouvement d’Action Régionale Environnementale.
This webinar was part of our commitment to raising awareness and taking concrete action to defend these fragile ecosystems. In the following sections, we will explore the challenges associated with protecting wetlands, the shortcomings of current regulations, and the solutions being considered to ensure their sustainability.
Wetlands and bodies of water are essential ecosystems, ubiquitous in Quebec, and boasting exceptional biodiversity. They provide a multitude of vital ecological functions, such as water filtration, climate regulation, and flood protection. Yet, these environments face numerous threats, primarily related to human activities and climate change.
Wetlands are distinguished by the prolonged presence of water, which influences the composition of the soil and the vegetation that grows there. They cover approximately 10% of Quebec’s territory and play a fundamental role in maintaining natural balances. Bodies of water, for their part, include lakes, streams, and rivers, including the St. Lawrence, which stretches nearly 1,200 km.
The Quebec Water Act recognizes water as a collective good, thus underscoring its importance to society. However, this resource is vulnerable and threatened by urbanization, pollution, and industrial exploitation.
Wetlands and water bodies provide numerous ecological services beneficial to the entire population:
Despite their crucial importance, wetlands and bodies of water are under serious threat. Climate change is weakening these ecosystems, while urban sprawl, logging, mining, and agricultural development are exacerbating their degradation. The alteration of these environments not only results in a loss of biodiversity, but also high economic costs for municipalities, particularly due to damage caused by flooding and soil erosion.
Faced with these challenges, it is imperative to strengthen their protection. Quebec’s new legislation on wetlands and bodies of water is part of this approach, implementing measures to preserve these essential ecosystems. We will discuss these new provisions in more detail later in this article.
In 2017, the Quebec government adopted the Wetlands and Bodies Conservation Act to better regulate the protection of these essential ecosystems. Its main objective: to ensure their sustainability by promoting sustainable use, encouraging the restoration of degraded environments, and compensating for environmental losses. This ambitious reform aimed to establish a fundamental principle: no net loss of wetlands.
A Structured Legislative Framework
One of the key elements of this law is the adoption of Regional Wetlands and Bodies Plans (PRMHH), entrusted to the RCMs. These plans map these environments in order to integrate their conservation into land use planning. They also foster dialogue between local stakeholders and help anticipate issues related to the destruction of these ecosystems.
To ensure the achievement of the zero net loss objective, the law relies on a hierarchy of actions:
However, while this regulatory framework generated enthusiasm when it was adopted, its implementation now raises major concerns.
Since 2021, numerous press articles have highlighted the flaws in the wetland protection system. “The majority of projects fall through the cracks by using declarations of conformity, which don’t even allow for verification of whether an endangered species is present on the site,” emphasizes Catherine Vallée.
In fact, two-thirds of wetland projects are authorized without in-depth analysis (Champagne, 2024). Furthermore, developers have found a flaw in the system: by fragmenting their projects into small sections, they avoid more rigorous environmental assessments. “This is a well-known strategy among developers,” explains Catherine Vallée. “They divide projects so that none exceed the threshold requiring ministerial authorization.”
Catherine Vallée adds: “We were promised a protective law, but in reality, it is neither enforced nor respected. We still see too many environments destroyed, and compensation funds are not being used to recreate new habitats.”
Faced with these shortcomings, the Sustainable Development Commissioner, attached to the Auditor General of Quebec, conducted a performance audit of this law in 2023. Her report, published in April 2023, highlights the flaws in the system and the lack of follow-up on compensation measures.
In a short explanatory video, the Commissioner emphasizes that “despite the intentions stated in 2017, the destruction of wetlands and bodies of water continues at a worrying rate, particularly in southern Quebec.”
While this law represented hope for the conservation of natural environments, its effectiveness remains widely contested today.
Adopted in 2017, the Wetland and Body of Water Conservation Act aimed to halt the disappearance of these ecosystems by establishing the principle of no net loss. However, several shortcomings compromise the achievement of this objective.
First, the Ministry of the Environment, the Fight Against Climate Change, Wildlife and Parks is not effectively using the mechanisms provided to ensure the protection of wetlands and bodies of water. Despite the significant losses observed over decades, it has still not designated the areas requiring priority protection.
Secondly, the development and implementation of the Regional Wetland and Body of Water Plans (PRMHH) are experiencing considerable delays. Worse still, no follow-up has been planned until 2033, which compromises the long-term management of these environments.
Finally, the first step of the avoid, minimize, and compensate process, which aims to prevent the destruction of natural environments, is not rigorously applied when analyzing permit applications. This opens the door to projects that do not comply with the law.
The Ministry has no assurance that the impact minimization measures provided for in ministerial authorizations are being implemented.
Catherine Vallée emphasizes that “without rigorous monitoring, these measures remain theoretical and do not have the desired effect on the preservation of wetlands and aquatic environments.”
Another major problem lies in the management of compensation programs. In theory, when environments are destroyed, the money paid in compensation should be used to recreate or restore other equivalent ecosystems. In practice, this is not the case:
Faced with these alarming findings, the Sustainable Development Commissioner published a report in April 2023 with three main recommendations:
Since the report’s publication, progress has been made. By September 2023, after seven years of implementation, all PRMHHs had been submitted. However, only 40% had been approved by the Ministry, casting doubt on the effectiveness of this protective measure.
Several questions remain:
In addition, some RCMs have voluntarily excluded wetlands and aquatic environments from their conservation zones in order to promote urban development. Will the ministry apply sanctions in the event of non-compliance? To date, no RCM has had its PRMHH rejected for failure to comply with environmental criteria.
With the addition of Section 245 to the Act respecting land use planning and development in 2023, a significant step forward has been made. This section allows municipalities to protect a natural environment without being forced to financially compensate a private owner for a disguised expropriation. This tool could prove crucial in strengthening the conservation of wetlands and water bodies, but its application remains to be monitored.
The evolution of this law therefore raises a fundamental issue: will it really be applied rigorously to ensure lasting protection of Quebec’s wetlands and aquatic environments, or will it remain a legislative promise without any real impact on the ground?
Adopted in 2017, the Act on the Conservation of Wetlands and Water Environments aimed to curb the disappearance of these ecosystems by implementing the principle of no net loss. However, several shortcomings compromise the achievement of this objective.
First, the Ministry of the Environment, the Fight Against Climate Change, Wildlife, and Parks does not effectively use the mechanisms provided to ensure the protection of wetlands and water environments. Despite significant losses observed for decades, it has still not designated the areas that should be prioritized for protection.
“The ministry has the tools to better regulate the protection of wetlands, but it does not use them. It feels like conservation is secondary to economic pressures,” says Catherine Vallée.
Next, the development and implementation of the Regional Wetland and Water Environment Plans (PRMHH) are experiencing considerable delays. Even worse, no monitoring has been planned until 2033, compromising the long-term management of these environments.
Finally, the first step of the avoid, minimize, compensate sequence, which aims to prevent the destruction of natural environments, is not rigorously applied when analyzing authorization requests.
“In practice, the avoidance step is often skipped, and compensation is applied directly, which contradicts the principle of no net loss,” says Catherine Vallée.
“We talk about compensation, but the money remains unused. Meanwhile, we continue to lose wetlands without any restoration measures being implemented,” says Catherine Vallée.
A major advancement in the management of natural environments in Quebec is the adoption of new government guidelines for land use planning, which will come into effect on December 1. These directives identify nine main orientations, three of which are particularly relevant to the protection of wetlands.
This orientation focuses on adapting living environments, strengthening security, and improving citizens’ quality of life. Wetlands play a key role in reducing flooding and should therefore be considered in land-use planning.
Objective 2.1 aims to conserve natural environments of interest, though this concept remains vague. However, Annex 2.1 of the government guidelines specifies that ecological restoration is included. Objective 2.2 seeks to strengthen ecosystem resilience, particularly through the preservation of ecological corridors. Finally, integrated water resource management is a key element in protecting these essential environments.
This orientation emphasizes optimizing land use and investing in already urbanized areas. This means limiting urban sprawl into agricultural lands and natural spaces, a crucial measure to prevent the destruction of wetlands.
Faced with the continued disappearance of wetlands despite the 2017 law, several organizations have decided to take action. The Regional Environmental Action Movement (MARE), supported by the Demain le Québec Network, the David Suzuki Foundation, SNAP Québec, and the Quebec Watershed Organizations Network, has launched a petition on the National Assembly’s website.
Entitled “Request to Declare a Moratorium on the Issuance of Authorization Certificates for Projects in Wetlands,” this petition calls for a temporary moratorium. It would remain in effect until:
This initiative demonstrates the urgency of concrete and immediate action to prevent wetlands from continuing to disappear under the pressure of urban development.
Current regulations do not define a minimum size for a wetland. However, some scientific studies estimate that a watershed must contain at least 10% wetlands to ensure their ecosystem services. This helps guarantee water filtration, flood regulation, and biodiversity maintenance. However, other factors must be considered, such as connectivity between wetlands and their integration into a larger landscape.
This status is defined in interim control regulations (RCI) adopted by certain municipalities and the Montreal Metropolitan Community. However, it does not guarantee permanent protection, as regulations can be modified based on municipal decisions. A municipal area of interest can be preserved as long as an RCI is in place, but without strong political will and stricter legislative recognition, its protection remains fragile and subject to change.
Yes, within the framework of the Regional Wetland and Water Environment Plans, municipalities must inventory these areas. However, the rigor of this inventory varies by region. Some municipalities conduct thorough studies with on-the-ground surveys, while others rely on satellite imagery assessments, which can lead to significant omissions.
Signing petitions, reaching out to municipal officials, participating in public consultations, and supporting local conservation initiatives are all actions that can make a difference. Additionally, engaging with environmental groups, organizing awareness events, and monitoring development projects can help exert continuous pressure on policymakers.
The protection of wetlands is a major environmental issue that requires immediate and concerted action. Despite the adoption of laws and policies, regulatory loopholes and a lack of oversight still allow the destruction of these essential ecosystems. Citizen mobilization, strict enforcement of existing laws, and improved compensation mechanisms are essential to reversing the trend. It is crucial that citizens, municipalities, and governments work together to ensure the sustainable conservation of these vital environments for our biodiversity and climate resilience.
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