Prime Minister Trudeau has mandated no fewer than five cabinet ministers (Environment and Climate Change, Natural Resources, Fisheries, Indigenous and Norther Affairs, and Science) with
reviewing federal environmental assessment processes, with the aim of introducing «new, fair processes.»
The Guidelines Order, like all other
Federal environmental assessment regimes until CEAA 2012, was predicated on environmental assessment being a planning tool to aid decision making in areas unquestionably under Federal jurisdiction.
As I have previously written, in May, West Coast hosted a Federal Environmental Assessment Reform Summit, where over 30 of Canada's leading experts on EA discussed leading - edge solutions to key issues
in federal environmental assessment EA.
The Pacific NorthWest LNG Project
received federal environmental assessment approval in September 2016, subject to over 190 legally - binding conditions to be fulfilled by the proponent throughout the life of the project.
I intend to confine my comments to the Constitutional division of powers which must
underpin Federal environmental assessment processes carried out in relation to private development on privately - owned or Provincial Crown land.
Yet, concerns have arisen about the extent to
which Federal environmental assessment processes have overstepped Constitutional boundaries into matters which are regulated across the country at the Provincial level.
It sought to streamline certain federal regulatory processes and had the result of reducing the number of projects that would be the subject
of federal environmental assessment and associated federal consultation of potentially affected Aboriginal groups.
In November 2015, the Prime Minister mandated several Cabinet Ministers to review four of Canada's environmental laws and processes: the Fisheries Act, Navigation Protection Act, the National Energy Board, and
federal environmental assessment processes.
HAZELTON —
A federal environmental assessment report that concluded the proposed New Prosperity open - pit mine would have significant adverse effects for the Tsilhqot» in is a condemnation of the B.C. Liberals approach to Aboriginal rights and title, says Stikine MLA Doug...
Victoria — Changes to
the federal environmental assessment process, along with deep budget cuts, will weaken environmental protection in British Columbia say the B.C. New Democrats.
According to the Minnkota project's
federal environmental assessment, most of the line's study area is on agricultural land.
In our submissions to
the federal environmental assessment review panel we have made detailed recommendations about how this could be done.
The current Liberal Federal Government is moving full - swing in its promised amendments to the legislation governing
the federal environmental assessment process and the environmental protection provisions related to the Federal Fisheries power.
According to a press release, «Panel members were selected based on their knowledge, experience and expertise relevant to
federal environmental assessment processes.
Lead counsel for the Dene Tha» First Nation in its successful challenge of
the federal environmental assessment process for the Mackenzie Gas Project, which fundamentally altered the way in which governments approached consultation on environmental assessments.
The Liberals were less emphatic during the campaign than the NDP, but they did promise to toughen
the federal environmental assessment process for approving mega projects.
One of the more noteworthy of these cases, Namagoose v. Robinson, arose when the Federal Administrator, having insisted for some years, that s. 22 of the JBNQA required
a federal environmental assessment of any proposal that affected federal areas of jurisdiction, e.g., navigable waterways, suddenly reversed himself.
It was determined that, once a Federal decision - making process was properly engaged,
the Federal environmental assessment could and should contemplate all impacts on areas of Federal responsibility, but no more than that.
All Federal environmental assessment regimes prior to CEAA 2012 relied upon a triggering mechanism that placed the finding of a Federal ground of jurisdiction at the beginning of the process.
The Constitutional basis for
Federal environmental assessment was addressed in Friends of the Oldman River Society v. Canada (Minister of Transport), [1992] S.C.J. No. 1 (Oldman River), which affirmed the constitutionality of the Guidelines Order, the predecessor to CEAA.
For practical purposes, a privately - owned and financed development to be carried out on Provincial Crown land was not subject to
the Federal environmental assessment process unless it required a Federal permit, most often under the Fisheries Act.