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https://ici.radio-canada.ca/nouvelle/1156711/environnement-ancien-president-bape-conseiller-miniere-sayona-mine-lithium-abitibiEnvironment: the former president of the BAPE advises the mining company who wanted to escape the BAPE
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Pierre Renaud was president of the BAPE from 2007 to 2012. Photo: Radio-CanadaThe Australian company Sayona, who wanted to operate a lithium mine in Abitibi without going through the Bureau of Public Hearings on the Environment (BAPE), has joined the services of Pierre Renaud, the former president of the BAPE. The CBC also learned that the lawyer met with a minister and elected officials on behalf of the company, but was not properly registered in the lobbyists registry.
Pierre Renaud is very familiar with Quebec's environmental laws and the rules governing the BAPE, since he chaired it from 2007 to 2012. He therefore had the perfect profile when he was appointed, in the fall of 2018, to advise the mining company seeking ministerial authorization without having to go through the BAPE exam.
The lawyer at McCarthy Tétrault provides strategic advice and coaches client companies "in terms of sustainable development and social acceptability," reads the firm's website. His work is done "right from the start of their projects and through public authorization, consultation and participation processes, including the Public Hearing Office on the Environment".
On behalf of Sayona Mining, Pierre Renaud met Quebec Environment Minister Benoit Charette, who was hesitant, until Tuesday, to subject the project to a review of the BAPE.
The minister finally announced that the project must undergo an evaluation of the BAPE. However, he pointed out that the mining company can still escape the review if it modifies its project downwards and presents a new one. The company is currently thinking about its options.
Meetings of elected representatives about Sayona
Local Member of the CAQ Suzanne Blais had several discussions with Pierre Renaud. Photo: Radio-Canada / Lise MillettePierre Renaud had at least two discussions about the project with Cassie MP Abitibi-Ouest, Suzanne Blais, who had publicly declared herself in favor of the BAPE study.
The mayor of Amos, Sébastien d'Astous, also prefect of the MRC, confirmed that he had an exchange with Pierre Renaud about Sayona.
As for the mayor of the village of La Motte, territory of the mining project, he also met Pierre Renaud at least once, on October 29, 2018, along with other representatives of Sayona.
In a recording of the November 12th municipal council, Mayor Réjean Richard explains that on this occasion, he was informed that the village could collect up to $ 400,000 in additional taxes from the mine.
On December 6, La Motte issued a certificate of authorization to the mine to allow the stripping of the pit.
Not registered in the lobbyists register on behalf of the mining company
Pierre Renaud is registered in the lobbyists' register, but not on behalf of the Sayona mining company, which would violate the law, according to experts consulted by Radio-Canada.
A complaint was filed on Monday by a citizen of La Motte and a citizen of Amos, to the Commissioner of Lobbying of Quebec.
Without commenting on this particular issue, commissioner spokesperson Daniel Labonté said that a consultant lobbyist "must always indicate who he is working for, who his client is".
"Even lawyers must register," said lawyer Alain Lemieux, founding member of the Quebec Association of lobbyists, who speaks in general, without commenting on this particular file. The only exception allowed would be technical support for a public office holder or ongoing legal process, which is not the case here.
1 lobbyist + 1 public office holder + 1 communication on a decision concerned = lobbying activity
Website of the Lobbyists Commissioner of QuebecSection 2 of the Lobbying Transparency and Ethics Act: " Lobbying activities within the meaning of this Act include all oral or written communications with a public office holder to influence. ..] making decisions with respect to the granting of a permit, license, certificate or other authorization. "
An offense under this Act is punishable by a fine of $ 500 to $ 25,000 and disciplinary action by the Lobbyists Commissioner.
Invited to explain his role with the company during the meetings of elected officials, Pierre Renaud did not answer our questions.
A lawyer's spokesperson wrote to us by email: "It is McCarthy Tétrault's policy to never comment on client files. In addition, the firm and its lawyers always act in the greatest respect for the rules, and that they govern the legal profession or all of its activities. "
The cabinet of the Minister of the Environment is explained
Quebec Minister of the Environment Benoit Charette Photo: Radio-CanadaEnvironment Minister Benoit Charette's office confirms that he met Pierre Renaud on January 25, 2019. The legal counsel was accompanied by several representatives of the mining company.
Its director of communications Jean-Benoit Villemaire is "not sure that the question was asked" Sayona lobbyists as to their compliance.
"It's not up to us to check. It's their responsibility, says the minister's spokesperson. We assume good faith of people. "
In the training that elected officials receive, they are made aware of the importance of "asking the lobbyist to register or cut short the conversation," says the spokesman of the Commissioner of Lobbying, Daniel Labonté.
In an interview with Radio-Canada, Benoit Charette states that no business interlocutor influences his decision-making: "I have a mandate to protect the environment, with the wish of our government to have the regulatory framework as predictable as possible. This mandate is not affected by the interlocutors. "
Departure of the BAPE in the controversy
When he was at the head of the BAPE, Pierre Renaud supervised some 40 commissions of inquiry, particularly for the Romaine dam project or the Malartic mine in Abitibi.
He was dismissed from the presidency of the organization in October 2012 by the PQ government of Pauline Marois.
Seven months after his dismissal, Pierre Renaud had caused controversy by becoming an adviser to Mine Arnaud, who wanted to operate an apatite mine in Sept-Îles. The project had been submitted for consideration by the BAPE.
Pierre Renaud is also president of a mining company and mayor of a municipality opposed to mines
Pierre Renaud is Mayor of Lochaber-Ouest Part, Outaouais. Photo: P199 (public domain)Counsel Pierre Renaud wears several hats. He is also chairman of the board of the New World Graphite company, which wants to operate an open pit mine in the territory of Saint-Michel-des-Saints, in Lanaudière. The project divides the community.
At the same time, Pierre Renaud has been Mayor of Lochaber-Partie-Ouest in the Outaouais since November 2017. The month following his arrival, the municipality of 900 inhabitants voted a resolution to exclude all his territory from the mining "to maintain the quality of life".
From 2001 to 2007, Pierre Renaud was vice-president of Nature Conservancy, an organization funded by major oil companies.
Sayona's president meets with elected officials without being registered as a lobbyist
The president of Sayona Mining, the Australian Dan O'Neill, made the trip to Abitibi-Témiscamingue on at least three occasions since 2018. He met elected officials on this occasion. On January 23, 2019, he was seen alongside the mayors of La Motte and Amos to inaugurate the offices of the company .
The office of Environment Minister Benoit Charette confirms at least one meeting with the President about the project. Mr. O'Neill is not registered as a lobbyist in the Quebec registry.
"Even if a person is registered as president of a company, it must also be registered in the list of lobbyists," says the spokesman of the Commissioner of Lobbying, Daniel Labonté. Even if he is not Canadian.
On February 27, 2019, Sayona issued a press release to publicize the regional tour of its president, in Abitibi-Témiscamingue, "which aimed to meet local actors and decision-makers about the Authier project".
"Mr. O'Neill was able to meet and discuss directly with the Mayor of La Motte, regional elected officials, as well as local groups and economic actors," reads the statement.
Mr. O'Neill did not answer our questions.
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