Submission

Summary of the matter addressed in the submission:

The Submitter asserts that Canada, and more specifically the province of Quebec, is failing to effectively enforce articles 96.1 and 96.2 of Quebec’s “Regulation respecting the Quality of the Atmosphere” (Règlement sur la qualité de l’atmosphère-RQA) and articles 19.1, 20 and 51 of the Quebec Environment Quality Act (Loi sur la qualité de l’environnement-LQE) in connection with emissions of hydrocarbons, carbon monoxide and nitrogen oxides from post-1985 light vehicle models. The Submitter estimates that at least 600,000, or 16 percent, of the approximately 4 million light vehicles in Quebec from model years later than 1985 do not comply with articles 96.1 and 96.2 of the RQA and article 51 of the LQE. The Submitter asserts that in the nineteen years since these provisions came into force, the government of Quebec has initiated fewer than ten prosecutions in regard to these alleged violations. The Submitter also claims that Quebec has not assigned responsibility for the enforcement of these provisions to any government department; has not made budget allocations for their enforcement; and has not provided police officers with equipment and training required for compliance monitoring. The Submitter contends that it is widely known (as reflected in international accords that Canada has entered into, and as recommended by the Canadian Council of Ministers of the Environment) that the only way to ensure effective enforcement of this legislation is through the establishment of a mandatory automobile inspection and maintenance program that would apply to the whole fleet of automobiles in Quebec, on a sufficiently frequent basis (for example, an inspection every year or two). The Submitter asserts that “today, more than 19 years after articles 96.1 and 96.2 of the RQA took effect, and after more than 15 years of studies, reports, consultations and promises, the Quebec government and its Environment Ministry are still failing to effectively enforce these laws and are still failing to act on their promise to put in place a mandatory biannual inspection and maintenance program for light vehicles three years old or older.” The AQLPA asserts that this alleged failure has considerable negative impacts on the environment and public health, and that carbon monoxide emissions from cars that do not comply with the RQA have poisoned people and caused at least one death in Quebec.

Summary of the response provided by the Party:

In the response to the submission, the government of Quebec contends that the anti-tampering provisions cited by the Submitter date back to the introduction onto the market of catalytic converters, which are only compatible with unleaded gasoline. According to Quebec, in the past, the lower price of leaded gasoline prompted numerous vehicle owners to remove or modify their catalytic converters in order to use leaded gasoline, but this problem was in large part solved by the ban on leaded gasoline that took effect in 1990, followed by the introduction of fuel injection and car engine computers. Also in 1990, the Canadian Council of Ministers of the Environment adopted the Federal Smog Management Plan, which focused on the development of motor vehicle inspection and maintenance programs (MVIMP). Thereafter, employeess of the Quebec Environment Ministry (ministère de l’Environnement du Québec-MENV) began the process-still ongoing-of designing a MVIMP for Quebec. In the response, Quebec also mentions that MVIMP design s must take into account socio-economic and technical issues. Quebec asserts that it wants to start by dealing with pollution from heavy vehicles and that it has authorized the drafting of a regulation in this regard. With respect to the enforcement of the provisions cited by the Submitter, Quebec states that it found one prosecution dating from 1998. Regarding roadside inspections, Quebec states that there are no applicable legislative provisions allowing for random vehicle checks, and it mentions that the courts have ruled that random checks may constitute an illegal detention under the Canadian and Quebec charters of rights and freedoms. As regards inspecting parked cars, in the absence of evidence pointing to the existence of a ring that removes or modifies an anti-pollution devices, Quebec states that it would have to send inspectors into garages chosen at random, and it maintains that this would not result in a significant number of convictions. Quebec states further that beyond strict judicial enforcement of the law, the MENV has carried out awareness raising, educational and information activities, and has monitored the state of the automobiles on Quebec’s roads (two inspection campaigns in 1988-89; smaller scale inspection clinics (no details); and a voluntary campaign in 1997-98).

Names and citations of the environmental laws in question:

Articles 96.1 and 96.2 of Quebec's "Regulation respecting the Quality of the Atmosphere" (Règlement sur la qualité de l'atmosphère - RQA) and articles 19.1, 20 and 51 of the Quebec Environment Quality Act (Loi sur la qualité de l'environnement - LQE) in connection with emissions of hydrocarbons, carbon monoxide and nitrogen oxides from post-1985 light vehicle models.

Submitter(s):

Quebec Association Against Air Pollution (Association québécoise de lutte contre la pollution atmosphérique - AQLPA)