Social Acceptability. Projects that do not have social acceptability are unlikely to be approved. Having rights without broad local support will be insufficient. There is no legal definition of the phrase “social acceptability” but section 6 of the Sustainable Development Act (Quebec) lists 16 principles that must be adhered to by Quebec ministries and many government agencies.7 This list can serve as a reference. It includes health and quality of life, environmental protection, economic efficiency, prevention of damage, and cultural heritage protection. Social acceptability does not mean unanimity. Rather, it should be interpreted as requiring majority acceptance. The wind power and mining industries offer many recent examples of how projects in Quebec achieved social acceptability and serve as useful precedents.

The PRA brings together a relatively large number of participants to analyze, review, approve and monitor oil and gas projects. This scrutiny should assist the promoter of an oil and gas project in the early identification of local and other concerns that may impede social acceptability. The participants include:

The Minister of Natural Resources and Wildlife charged with the application of the PRA
The monitoring committees created pursuant to PRA, sections 25 and 52, designed to provide representation of local municipal, business and civic interests
Each First Nation consulted by Government will have at least one monitoring committee member (PRA, section 25)
The Minister of Sustainable Development, Environment and the Fight against Climate Change in connection with environmental authorizations required under section 35.1 of the Environment Quality Act (Quebec)
The public at large when the Bureau des audiences publiques sur l’environnement (BAPE) holds consultations and public hearings on proposed projects
The BAPE when it reports on consultations and public hearings
The Régie in connection with production and underground storage projects as well as junction pipelines (PRA, sections 38 and 113).
The independent experts that must certify permanent well closures (PRA, section 105), and
The Quebec Cabinet in connection with environmental authorizations required for production and underground reservoir licenses (PRA, section 42) and undertakings regarding Quebec economic benefits (PRA, section 53).
One argument raised by critics against the PRA concerned the expropriation right granted to production and storage licensees. The fear of many is that the expropriation right is unfettered and will lead to many forcible dispossessions. The right of expropriation is similar to the one provided in the Mining Act (Quebec). Mining industry experience shows that this right is seldom used. This is likely also to be the case under the PRA. The numerous steps required to obtain production and storage licenses as well as the transparency of the process is likely greatly to limit, if not alleviate, the need for expropriation. Authorities are reluctant to issue environmental and other authorizations if expropriation is involved. Thus, it is likely that projects will be sculpted to avoid expropriation in order to garner social acceptability.