Amendments to Canada’s environmental laws brought about with the passing of Bill C-38 effect some 70 pieces of federal legislation. Part three of the bill, entitled Responsible Resource Development, amends a number of pieces of environmental legislation, most notably the Fisheries Act, the National Energy Board Act and the Species at Risk Act. It also repeals the Canadian Environmental Assessment Act and introduces a new version of the act referenced as the Canadian Environmental Assessment Act 2012.
Bill C-38 overwrites almost the entire previous Canadian Environmental Assessment Act. New legislation no longer requires environmental assessments of projects proposed or regulated by the federal government – except in cases where the environment minister designates a need for assessment.
When a project is designated for environmental assessment, the new legislation allows the federal government to base its decision on conclusions drawn by provincial environmental assessments, thereby exempting the project from the federal act altogether. Such a process opens the door to lobbying by groups and interests wishing to keep their projects off the list.
Under certain circumstances, the new legislation even goes so far in its wording to limit the assessment of environmental impacts to “the effects on fish, fish habitat, other aquatic species and migratory birds, as well as any environmental effects directly linked or necessarily incidental to the federal government’s role in the project.” Which means that under certain circumstances, certain types of indirect impact/effects need not even be considered, such as impact/effects on endangered terrestrial species and their habitat, unless the effect/impact occurs on federal land or crosses provincial or international borders.
Public participation in hearings on projects such as the controversial Enbridge Northern Gateway Pipeline project can now effectively be restricted to those individuals, “directly affected” by the proposed project or deemed to have, “relevant information or expertise.”
Legislation passed through Bill C-38 can also impose time limits on some federal environmental assessments. Those assessments conducted by an independent panel must be completed within a two-year period, while assessments carried out by the Canadian Environmental Assessment Agency have a one-year time frame for completion. If time runs out, the Canadian Environmental Assessment Agency will complete the assessment in-house. The environment minister now also has the power to disband an independent assessment panel and reassign it’s mandate to the Canadian Environmental Agency if the minister is of the opinion that the independent assessment panel will not be completed on time. This certainly opens the door for political interference.
When and if an environmental assessment identifies significant adverse impacts, legislation introduced through Bill C-38 transfers the decision-making to cabinet rather than the department or agency responsible for regulating the proposed project. Cabinet can then decide whether or not any given project should proceed – despite its potential to impact the environment.
Similar legislation passed through Bill C-38 also significantly weakens the habitat protection provisions under the Fisheries Act, and this is where it could have tremendous impact on all Canadians – if not British Columbians specifically. I’ll get into all of this in my next column.
