Sweeping changes proposed for environmental review process

VANCOUVER — The Canadian Government has outlined broad changes to the environmental assessment process in an effort to improve efficiency and certainty, but only when the legislation is tabled will it become clear how the government intends to implement the plan.  

As has long been promised the government is moving towards a one project, one review system with a clearly defined timeline, with most proposals contained in its “Responsible Resource Development” plan reinforcing that goal.

The plan will give the federal government the authority to accept a provincial environmental review as equivalent to a federal assessment and thereby meet the substantive requirements of the Canadian Environmental Assessment Act. The government has said this will only happen where provincial regulations are in line with federal ones, but it is not yet clear how much or if provinces will have to modify their current environmental assessment regimes.

With provinces covering many assessments the federal government will concentrate on ‘major projects’ with greater potential environmental and economic impact, while many smaller projects will be exempt from environmental assessments altogether. It is not clear how the government plans to determine which projects require federal assessments and which require no assessment at all.

The proposed changes set clear timelines for the process, requiring a decision to be made on whether an environmental assessment is needed within 45 days, while actual assessments will be limited to one year for regular assessments and two years for more detailed panel reviews. The government also plans to set legally binding timelines for some permitting processes, including the Fisheries Act, the Species at Risk Act, the Navigable Waters Protection Act, the Canadian Environmental Protection Act, and the Nuclear Safety and Control Act.

Those providing input into the process is also set to be limited. Environmental assessments will only be reviewed by three departments — the National Energy Board, the Canadian Environmental Assessment Agency, and the Canadian Nuclear Safety Commission — as opposed to the more than 40 that previously participated. Participation in hearings will also be limited to those who will be directly impacted by the project, which could hinder environmental groups from participating, but it’s still unclear how the government plans to define a direct impact.

But while it is limiting some participation, the plan calls for better integrations of Aboriginal consultations in the new review process. The government plans to provide funding to support Aboriginal consultations, have a clearly appointed department or agency that will help coordinate a review, and set clear criteria for consultations.

The government also plans to introduce enforceable decisions statements in the environmental review process, which would mean follow-up programs to see that project environmental effects and mitigation efforts fit predictions, and the possibility of laying fines of up to $400,000 if things don’t match up.

Mining and exploration groups across the country, including the Mining Association of Canada, the Mining Association of B.C., and the Association for Mineral Exploration British Columbia, all welcomed the announcement and the move to more certainty and predictability in the environmental review process.

Environmental and opposition groups have criticised the plan as an attempt to reduce environmental regulations and standards and generally weaken Canada’s environmental laws.