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.
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.
Thank you for the opportunity to participate in this review of
Federal environmental assessment processes.
This morning, the Expert Panel appointed by the Minister of Environment and Climate Change released its recommendations for reforming
federal environmental assessment processes.
According to a press release, «Panel members were selected based on their knowledge, experience and expertise relevant to
federal environmental assessment processes.
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.
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.»
This opportunity is perhaps most pronounced in the reviews of
federal environmental assessment processes and the National Energy Board (NEB).
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.
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.
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.
Not exact matches
They are currently in the
process of filing an application to the Supreme Court of Canada «seeking leave to appeal a
Federal Court of Appeal decision that sets a damaging precedent for the future of
environmental assessment law in Canada.»
In a similar vein,
environmental assessments do not fall solely within
federal jurisdiction: rather, provincial and Indigenous jurisdictions overlap
federal jurisdiction, leading to a need to coordinate
processes and decisions.
They also made the
environmental law rollbacks an election issue in 2015 and led the Prime Minister to direct his cabinet ministers to undertake the review of four major
federal environmental laws,
processes and bodies: the Fisheries Act, Navigation Protection Act,
environmental assessment processes and the National Energy Board.
Transitioning to next generation
environmental assessment will necessitate removing authority from the regulators and placing it with a separate
federal authority, one equipped to engage in broader, more collaborative and deliberative planning
processes.
They are acting as if they are in the midst of a
federal or provincial
environmental assessment process but they are not — they haven't even filed any detailed plans with the National Energy Board.
Legal materials to be filed in the
Federal Court of Appeal will demonstrate that, among other things, the NEB lacked legal authority to start its review process because of the federal government's failure to first consult Tsleil - Waututh on key decisions about the environmental assessment and regulatory review of the p
Federal Court of Appeal will demonstrate that, among other things, the NEB lacked legal authority to start its review
process because of the
federal government's failure to first consult Tsleil - Waututh on key decisions about the environmental assessment and regulatory review of the p
federal government's failure to first consult Tsleil - Waututh on key decisions about the
environmental assessment and regulatory review of the project.
Gillian also regularly works on
environmental assessment reviews as well as other
federal and provincial regulatory review
processes.
Environmental assessment processes led by the Provinces, the
Federal Government or First Nations, ought to accord weight to these legal sources.
Since the recent
federal election there has been much discussion (and as my colleague Eugene Kung notes, an abundance of open letters) about the Liberal party's election promise to «review Canada's
environmental assessment (EA)
processes and introduce new, fair
processes» for reviewing projects (or re-reviewing them, as in the case of major proposals like the controversial Kinder Morgan and Energy East oil sands pipeline and tankers projects).
At this time, private developments on Provincial Crown land which are subject to Provincial
environmental assessment and control must undergo the screening
process even if no
Federal permits or other actions will be required.
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.
Federal reviews of environmental assessment processes and the National Energy Board: The federal government recently announced several long - awaited reviews of environmental legislation including reviews of the Canadian Environmental Assessment Act, 2012 (CEAA), the National Energy Board (NEB) by two independent
Federal reviews of
environmental assessment processes and the National Energy Board: The federal government recently announced several long - awaited reviews of environmental legislation including reviews of the Canadian Environmental Assessment Act, 2012 (CEAA), the National Energy Board (NEB) by two indepe
environmental assessment processes and the National Energy Board: The
federal government recently announced several long - awaited reviews of environmental legislation including reviews of the Canadian Environmental Assessment Act, 2012 (CEAA), the National Energy Board (NEB) by two independent
federal government recently announced several long - awaited reviews of
environmental legislation including reviews of the Canadian Environmental Assessment Act, 2012 (CEAA), the National Energy Board (NEB) by two indepe
environmental legislation including reviews of the Canadian
Environmental Assessment Act, 2012 (CEAA), the National Energy Board (NEB) by two indepe
Environmental Assessment Act, 2012 (CEAA), the National Energy Board (NEB) by two independent panels.
Downstream Emissions in Canada's New
Environmental Assessment «Climate Test» In late January 2016, Canada's federal Minister of Environment and Climate Change, Catherine McKenna, and Minister of Natural Resources, Jim Carr, announced interim changes to environmental assessment processes as part of «efforts to restore public
Environmental Assessment «Climate Test» In late January 2016, Canada's
federal Minister of Environment and Climate Change, Catherine McKenna, and Minister of Natural Resources, Jim Carr, announced interim changes to
environmental assessment processes as part of «efforts to restore public
environmental assessment processes as part of «efforts to restore public trust.»