Just last week we mentioned developments on the federal level that the regulated community is monitoring (see Supreme Court of Canada Considers Environmental Liability Case). This isn’t the only federal legislative activity that is being considered and getting attention from many groups across Canada.
The recent proposed legislation was “pledged” in the 2015 election campaign. Specifically, Prime Minister Justin Trudeau is “undoing” several legislative changes from the former (Harper) administration. These changes are set out in Bill 69, “An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts.”
It’s a long title, and it’s a lengthy 340-page Bill.
Federal Government Statements Regarding Bill 69
In the official release from Environment and Climate Change Canada (ECCC), they state, “These better rules reflect what we heard from Indigenous Peoples, companies, provinces and territories, environmental groups, and the public over the course of 14 months. Under these better rules, decisions on projects would be guided by science, evidence and Indigenous traditional knowledge …Companies would have more clarity about what is required of them, and review timelines would be more predictable. Project reviews would be both more rigorous and more efficient, with reduced legislated timelines and clearer requirements from the start.”
The Minister of ECCC, Catherine McKenna, said, “We believe we’ve built a much better system…we need to show the world that we will protect the environment, and that we will attract investment.” Ms. McKenna also says of the Bill that it will strengthen environmental protection and Indigenous participation.
Federal Environmental Legislative Changes
While we don’t know how the changes will play out in a practical sense, here is what we do know.
- The Bill will repeal the Canadian Environmental Assessment Act of 2012. It will be replaced with the Impact and Assessment Act.
- The National Energy Board Act will be repealed and replaced with the Canadian Energy Regulator Act.
- The Navigation Protection Act will be amended and renamed the Canadian Navigable Waters Act.
Opinion Regarding Bill 69 Vary
There is no shortage of opinions regarding the impact, positive and negative, of the Bill. Here are a few of the many statements regarding Bill 69.
Sergio Marchi, President and CEO of the Canadian Electricity Association, said, “Canadian electricity companies support robust impact assessment processes that are based on sound science, and inspire the trust and confidence of all Canadians, including Indigenous Peoples, who play an important role in this process.” Mr. Marchi also stated that, “These proposed changes significantly expand the number of waterways considered navigable now requiring approval, which could increase costs and result in permitting delays of clean energy projects.”
Environmental Defence stated, “The commitment to consider climate change, as well as impacts on social and health outcomes, in all energy project reviews is a welcome development. But, it remains unclear how the government would factor a project’s carbon emissions into a final decision. And it’s still uncertain if all high-carbon projects will receive a federal impact assessment, including new in situ tar sands projects.”
The Canadian Energy Pipeline Association (CEPA) is reviewing the changes but has stated that, “CEPA is concerned that the changes announced today may not achieve the level of certainty required for Canada to be a competitive jurisdiction for investment.”
In a blog by Mining Watch Canada, they write, “There are a number of aspects of Bill C-69 that are laudable in their purpose, but will require close attention to their wording and implementation.”
Alberta’s United Conservative Leader, Jason Kenney, says the federal government’s new process to approve and regulate pipelines will stop future projects from going ahead. “This is the worst possible news, at the worst time, for Canada’s energy industry.”
We encourage you to monitor this legislation closely. Depending on your interest, you may want to consult with your industry group, legal counsel, or Indigenous leadership with respect to how it may or may not affect you, your business, and/or community.
For those who are interested, you can read Bill C-69 in its entirety.
We continue to monitor this and other environmental regulatory activity (Provincial and Federal), and we will continue to share the information as we learn more.
If you have questions regarding environmental issues or need assistance with a soil or groundwater-related issue, please feel free to contact me.