Feds gut environmental assessment (again). Public in the dark (again).

14 Jul Feds gut environmental assessment (again). Public in the dark (again).

Feds gut environmental assessment (again).
Public in the dark (again).

By Adam Driedzic
Staff Counsel, Environmental Law Centre

You don’t have to be an environmentalist to be concerned with this one.  For the second straight year, the federal budget bill passed with Trojan horse provisions unrelated to the budget.   The perennial target is the federal environmental assessment regime, but the real victim is the public.

Last year the Environment Minister received power to exempt impacts on navigable waters from assessment.  This year’s Bill C-9 provides the Minister with discretion to determine the scope of any assessment.  The change directly counters a recent Supreme Court of Canada ruling against splitting up large industrial projects to avoid comprehensive study.  The bill also heads off a pending challenge to the exemption of infrastructure projects from assessment.

The style of law-making exemplified by Bill C-9, the avoidance of court cases, and the downsizing of federal environmental assessment all share one feature:  an exclusion of the public from decision-making on matters of public interest.  The changes to the Canadian Environmental Assessment Act are an exceptionally striking example because that Act already required a periodic review.  The current review began while Bill C-9 was with the Senate.

Concentrated opposition from public interest organizations and a recommendation by the Senate’s Finance Committee to remove the contentious sections were not enough.  On the eve of summer vacation the Senate voted to pass Bill C-9 in its entirety.

The uncertainty that Bill C-9 creates around the future of federal environmental assessment warrants a response from the actual review committee.  It also demands that provinces adopt more certain assessment processes, particularly with respect to public participation.

ABOUT THE ENVIRONMENTAL LAW CENTRE:

The Environmental Law Centre (ELC) has been seeking strong and effective environmental laws since it was founded in 1982. The ELC is dedicated to providing credible, comprehensive and objective legal information regarding natural resources, energy and environmental law, policy and regulation in Alberta. The ELC’s mission is to educate and champion for strong laws and rights so all Albertans can enjoy clean water, clean air and a healthy environment. Our vision is a society where laws secure an environment that sustains current and future generations.

As a charity, the Environmental Law Centre depends on your financial support. Help us to continue to educate and champion for strong environmental laws, through tools such as our blog and all of our other resources, so that all Albertans can enjoy a healthy environment. Your support makes a difference.
Donate online today