Cooling the rhetoric on Canada’s environmental assessment efforts

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This article was originally published on The Conversation, an independent and nonprofit source of news, analysis and commentary from academic experts. Disclosure information is available on the original site.

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Authors: Mark Winfield, Professor of Environmental Studies, York University, Canada; Deborah Curran, Associate Professor, Faculty of Law and School of Environmental Studies, University of Victoria, and Martin Olszynski, Associate Professor, University of Calgary Faculty of Law

In the fall of 2018, we suggested that post-truth politics were sinking the debate with respect to Bill C-69, the current government’s attempt to restore some credibility to Canada’s environmental assessment regime.

While we called for calmer and better-informed debate, the situation appears only to have worsened.

Story continues below

In February, a truck convoy rolled into Ottawa from Alberta, decrying carbon taxes, immigration and, yes, Bill C-69.

The rhetoric has become so heated that the Senate Committee on Energy, the Environment and Natural Resources, currently studying the bill, felt compelled to take the extraordinary step — for a Senate committee — of conducting hearings in nine communities across Canada on the legislation.

Notwithstanding its opponents’ criticisms, Bill C-69 largely leaves the existing assessment and review process intact, established in its current form by the Harper government’s 2012 omnibus budget bills (Bills C-38 and C-45).

Relative to that regime, Bill C-69 would restore the pre-Bill C-38 rights of members of the public to participate in assessment processes. It would also require that cabinet provide clearer explanations of the reasons for its decisions under the act, strengthen provisions for Indigenous peoples’ participation in the assessment process and modestly restructure the National Energy Board, including by renaming it the Canadian Energy Regulator.

Far fewer assessments

The resulting system would remain a shadow of what existed before 2012. Before then, several thousand federal environmental assessments were conducted each year. Under Bill C-69, the new impact assessment process would likely remain limited to roughly 70 projects per year:

To put this in concrete terms, there are currently only two projects undergoing federal assessment in Saskatchewan, four in Manitoba and seven in Alberta. The Alberta Energy Regulator, in contrast, processes roughly 3,500 applications for new projects per month.

Importantly, Canada’s resource industries have been successful with some form of federal environment assessment regime for more than 40 years, most of the time under systems that were far more robust than what Bill C-69 would leave in place.

As we noted previously, the bill’s development was the subject of two years of extensive engagement with industry, parliamentarians and the public. That engagement included the work of two expert panels that travelled across Canada and published comprehensive reports, and a House of Commons committee that heard testimony from more than 100 witnesses.

Part of the problem seems to be that the bill has become a proxy for wider concerns about the impact of the cyclical nature of the oil industry, and the consequences of excessive economic dependence on exports of a single commodity.These issues have been brought to a head again over the past few years by weak global oil prices. Although these problems have been well-recognized in some quarters of western Canada for years, a succession of governments, provincial and federal, have failed to address them effectively. Doubling down Instead, they have tended to double down on the same dependencies, the most recent example being the federal government’s purchase of the Kinder Morgan/Trans Mountain pipeline.It’s also important to remember that the opposition to Bill C-69, although very vocal, is actually surprisingly narrow. Recent public opinion polls suggest the bill is virtually a non-issue with Canadians beyond the oilpatch. The legislation has also garnered moderate support from other resource industries, Indigenous […]

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Cooling the rhetoric on Canada’s environmental assessment efforts

Cooling the rhetoric on Canada’s environmental assessment efforts
Share this!

In the fall of 2018, we suggested that post-truth politics were sinking the debate with respect to Bill C-69 , the current government’s attempt to restore some credibility to Canada’s environmental assessment regime.

While we called for calmer and better-informed debate, the situation appears only to have worsened.

Read more: How post-truth politics is sinking debate on environmental assessment reform

In February, a truck convoy rolled into Ottawa from Alberta, decrying carbon taxes, immigration and, yes, Bill C-69.

The rhetoric has become so heated that the Senate Committee on Energy, the Environment and Natural Resources , currently studying the bill, felt compelled to take the extraordinary step — for a Senate committee — of conducting hearings in nine communities across Canada on the legislation.

Notwithstanding its opponents’ hyperbole, Bill C-69 largely leaves the existing assessment and review process intact, established in its current form by the Harper government’s 2012 omnibus budget bills (Bills C-38 and C-45) .

Relative to that regime, Bill C-69 would restore the pre-Bill C-38 rights of members of the public to participate in assessment processes. It would also require that cabinet provide clearer explanations of the reasons for its decisions under the act, strengthen provisions for Indigenous peoples’ participation in the assessment process and modestly restructure the National Energy Board, including by renaming it the Canadian Energy Regulator. Far fewer assessments

The resulting system would remain a shadow of what existed before 2012. Before then, several thousand federal environmental assessments were conducted each year . Under Bill C-69, the new impact assessment process would likely remain limited to roughly 70 projects per year: Number of ongoing federal environmental assessments based on data compiled by Martin Olszynski from the Canadian Environmental Assessment Agencies website: https://www.canada.ca/en/environmental-assessment-agency/corporate/publications/accountability-performance-financial-reporting.html#drr. To put this in concrete terms, there are currently only two projects undergoing federal assessment in Saskatchewan, four in Manitoba and seven in Alberta. The Alberta Energy Regulator, in contrast, processes roughly 3,500 applications for new projects per month .

Importantly, Canada’s resource industries have been successful with some form of federal environment assessment regime for more than 40 years, most of the time under systems that were far more robust than what Bill C-69 would leave in place.

As we noted previously, the bill’s development was the subject of two years of extensive engagement with industry, parliamentarians and the public. That engagement included the work of two expert panels that travelled across Canada and published comprehensive reports, and a House of Commons committee that heard testimony from more than 100 witnesses.

Part of the problem seems to be that the bill has become a proxy for wider concerns about the impact of the cyclical nature of the oil industry, and the consequences of excessive economic dependence on exports of a single commodity.

These issues have been brought to a head again over the past few years by weak global oil prices . Although these problems have been well-recognized in some quarters of western Canada for years, a succession of governments, provincial and federal, have failed to address them effectively. Doubling down

Instead, they have tended to double down on the same dependencies, the most recent example being the federal government’s purchase of the Kinder Morgan/Trans Mountain pipeline.

It’s also important to remember that the opposition to Bill C-69, although very vocal, is actually surprisingly narrow. Recent public opinion polls suggest the bill is virtually a non-issue with Canadians beyond the oilpatch. The legislation has also garnered moderate support from other resource industries , Indigenous communities and environmental organizations .

At the same time, many Indigenous representatives and environmental advocates feel the bill falls far short of what is needed, both […]

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