Now You CEEA Environmental Regulations, Now You Don’t.
Apr 3rd, 2014 by oliviaszostek
The rise of concern over environmental impacts resulting from human developments came during the 1970’s, and was first seen in Canada in 1973. Growing concerns over the future impacts of various large scale projects prompted the expansion of the discipline of Environmental Impact Assessment. The EA process is integral in ensuring responsible and sustainable planning for development, and environmental protection (Glasson et al., 2013).
Following the Berger Inquiry of 1977 (an important part of Canadian environmental assessment history, when a pipeline proposal was rejected due to social and environmental impacts), Canada sought out to formalize its Environmental Assessment process. In 1995, Canada put into legislation the process of Environment Assessment (EA) with the passing of the Canadian Environmental Assessment Act, 1995 (CEAA 1995). CEAA 1995 provided the scope of projects that would be subject to an EA, a basic guide of what to include in the assessment, and other details to guide the policy tool. Public participation was encouraged, and there were over 40 responsible authorities in charge of carrying out these assessments across the federal jurisdiction.
When the global recession hit in 2008, Stephen Harper – Canada’s Conservative Party Premier – made a call for a focus in economic development nation wide. His push for development in energy sectors was apparent through the support of Alberta’s tar sands in the Athabasca region of the province. With the new push for development came push back from various groups of actors, and policies that had been put in place long before Harper was in office, in order to provide high environmental standards.
To address this issue, the Harper Government in 2012 passed in an omnibus budget bill (C-38) with a new Canadian Environment Assessment Act, CEAA 2012. This act included the following adjustments (Becklumb & Williams, 2012; Doelle, 2012):
- CEAA 2012 presented greater authority to provincial environmental assessment processes through the new addition of “equivalency.” Equivalency means all process and decision authority of the EA is transferred into the jurisdiction of the respective province.
- CEAA 2012 imposed a time limit for environmental assessments. Most assessments must now be completed in one year, while panel reviews have a two year limit.
- The responsibility of carrying out the assessments (responsible authorities) was reduced from over 40 to 3. This includes the National Energy Board (NEB), the Canadian Environmental Assessment Agency, and the Canadian Nuclear Safety Commission.
- All responsibility of final approval was removed from the NEB and into cabinet.
- The scope of projects that must go through an EA process has significantly been reduced.
- CEAA 2012 redefined “environmental effect,” to a broader spectrum of impacts, making it harder to justify performing an EA in the first place.
- Lastly, but most importantly, CEA 2012 limited public participation to only those “directly affected” by the project or with relevant expertise.
CEAA 2012’s impacts will only be seen in their full reality in the coming years. With these changes come my concern that projects with significant impacts will not even be given a second thought, due to this new, lower level of protection that comes with CEAA 2012. My concern does not stand alone, as environmentalists across the country, including our own David Suzuki have spoken out in shock at these developments. A news clip gives evidence of this here. Already we have seen some of their effects here in BC. The hearings for the Kinder Morgan pipeline that will pass through Burnaby, BC has recently accepted or declined applicants to speak at the event. I know personally, that my policy Professor at the University of British Columbia was declined, on grounds of being not directly affected OR having relevant expertise (note that he has a Ph.D and specifically studies issues related to energy politics, and lives in Vancouver – the port where tanker traffic would increase due to the pipeline). The importance of policies and their ability to affect our province’s development will be quickly realized as economic development pressure continues and stakeholder conflicts surface.
References
Becklumb, P., & Williams, T. (2012). Canada’s New Federal Environmental Assessment Process. Issue brief.
Doelle, M. (2012). CEAA 2012: The End of Federal EA as We Know It?.
Glasson, J., Therivel, R., & Chadwick, A. (2013). Introduction to environmental impact assessment. Routledge.