In May 2025, the Environmental Impact Assessment and Review Process (EIARP) was amended by the Act to amend various environmental provisions (Bill 81). The draft regulation amending the EIARP, tabled on December 10, 2025, is scheduled to come into force on December 1, 2026*.

This reform aims to make environmental assessment more efficient, targeted, and transparent, while strengthening the role of the public and Indigenous communities in the decision-making process.

But what exactly changes for projects subject to environmental assessment?

Why a New EIARP?

The objective is to better integrate environmental and social issues from the outset of project planning, rather than addressing them later in the process. The main changes are as follows:

  • Replacement of the project notice with a notice of intent, which includes enhanced content for both the project and the impact assessment.
  • Development of a specific directive for each project, based on the project’s characteristics, its context, the affected environment, and public comments and concerns.
  • Adjustment of the sequence, timelines, and responsibilities assigned to the BAPE during the public information and consultation phases.
  • Performance indicators, information mechanisms, and corrective measures are included in the program for monitoring and tracking impacts on valued environmental components.
  • Reduction of the maximum time allowed for the MELCCFP to submit its recommendation to the government.

A Major Change: The Notice of Intent

The most significant change is the replacement of the project notice with a notice of intent. This is no longer a summary description of a project, but a structured document that:

  • Describes the project in detail;
  • Presents the known or anticipated environmental and social issues;
  • Explains the options under consideration, the variants studied, and those already ruled out;
  • Outlines the intended scope of the impact assessment and the projected timeline.

The notice of intent requires rigorous preparation by the proponent beforehand, necessitating sustained support, in-depth consultations, and an analysis of the issues that were previously conducted during the impact assessment.

This change will represent a significant challenge, but it will also allow for better management of the subsequent stages of the process.

Shorter Regulatory Deadlines

The draft regulation also provides for a reduction in the regulatory deadlines for the environmental assessment. Previously 13 to 18 months from the date of filing the impact assessment, they would be reduced to 9 months, to which an additional 2 months may be added if there is a public consultation by the BAPE, for a total of 11 months.

New Implications for Consultation

With the new EIARP, public and Indigenous community consultation takes place much earlier in the process, as soon as the notice of intent is filed. This allows concerns and issues related to the project to emerge quickly. The feedback gathered then informs the ministerial directive, which governs the content of the impact assessment. This development strengthens the role of citizen participation but also requires proponents to be more prepared and to implement structured consultation processes from the earliest stages of project design.

In this context, Transfert supports proponents and organizations at every stage to ensure a smooth process and promote project acceptance.

Contact our team to discuss your project and assess the impact of the new procedure on your processes.