By: David V. Wright

 PDF Version: Bill C-12, Canadian Net-Zero Emissions Accountability Act: A Preliminary Review

Matter Commented On: Bill C-12, Canadian Net-Zero Emissions Accountability Act, 2nd Sess, 43rd Parl, 2020 (first reading 19 November 2020)

Just a few days ago, the federal government tabled Bill C-12, Canadian Net-Zero Emissions Accountability Act. This post provides a brief overview and preliminary reflections on the proposed law. Overall, the bill represents a significant milestone in Canadian climate policy, a realm that has been plagued by decades of setting-then-missing emission reduction targets. No previous federal government has so explicitly committed to a long-term emissions reduction pathway and milestones, let alone one with numerous accountability and transparency mechanisms. However, for reasons I discuss below, despite being characterized by the government as “binding”, the proposed law features a number of weaknesses and limitations. Further, while tabling this bill is a commendable step (especially if it becomes law), and is the result of many years of hard work and input from environmental organizations, it leaves difficult, long-standing conversations unaddressed.

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By: David V. Wright

PDF Version: Revisions to the two-month-old Impact Assessment Act Climate Change Guidance… Already?

Document Commented On: Impact Assessment Act, SC 2019, c 28 s 1; Environment and Climate Change Canada, Updated Strategic Assessment on Climate Change (Gatineau: ECCC, 2020)

Earlier this month, just two months after releasing the final Strategic Assessment on Climate Change (SACC), which is the principal guidance document for implementing the Impact Assessment Act (IAA) climate change provisions, Environment and Climate Change Canada (ECCC) has issued an update. The reason behind this timing is unclear, particularly given that the explicitly stated term for review and update of the guidance is every five years (at 1.1). In any event, the update includes changes on three points, two of which introduce substantial shifts. This short post summarizes and comments on the changes, building on previous SACC posts here, here, and here.

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By: Niall Fink and David V. Wright

PDF Version: Climate Change in Federal Impact Assessment: An Early Look at Two Energy Projects

Documents Commented On: Impact Assessment Act, SC 2019, c 28 s 1; Environment and Climate Change Canada, Final Strategic Assessment on Climate Change (Gatineau: ECCC, 2020)

One year ago, the new Impact Assessment Act, SC 2019, c 28 s 1 (IAA) came into force. With project reviews now proceeding under the IAA, this is an opportune time to reflect on implementation of the new regime so far. This post focuses on one specific dimension: climate change. For the first time since the inception of federal environmental assessment, Canada’s federal project-level assessment statute explicitly requires decision-makers to consider a project’s effects on Canada’s ability to meet its climate change commitments (ss 22(1)(i) and 63(e)). The year has seen this requirement fleshed out through guidance published in the form of the Strategic Assessment of Climate Change (SACC) (see commentary by Professor Wright). This post examines how the new regime’s climate change requirements and guidance have been implemented in two major project-level assessments currently underway: the Suncor Base Mine Extension Project (Suncor Project) and the Gazoduq Project.

We examine the proponents’ submissions and the Impact Assessment Agency of Canada’s (the Agency) process, and identify areas of uncertainty and concern. Overall, we find that the Agency has given proponents significant latitude to sidestep information requirements in preliminary stages of the assessment process. We also find early signals that the impact statement phase will not fully address concerns regarding downstream emissions nor ambiguity in determining a project’s impact on Canada’s ability to reduce emissions. While much remains to be seen in subsequent assessment stages, these weaknesses risk that implementation of the IAA becomes yet another instance of the “implementation gap” that has plagued environmental law for decades (see this article by law professor Dan Farber).

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By: David V. Wright

PDF Version: Final Strategic Assessment on Climate Change: Zero Net Effect?

Document Commented On: Environment and Climate Change Canada, Final Strategic Assessment of Climate Change (Gatineau: ECCC, 2020)

The federal government recently released the final version of its Strategic Assessment of Climate Change (SACC). This represents a potentially important step in the implementation of the new federal Impact Assessment Act, SC 2019, c 28, s 1 (IAA or the Act). This post builds on my previous posts (here and here) by setting out key differences between the final and draft SACC and providing associated commentary. Overall, the final SACC does take steps in the right direction in several ways, such as integrating the new 2050 net-zero emissions commitment throughout all phases of the assessment. However, as further discussed below, there are several features that are problematic or ambiguous, particularly the persisting lack of detail regarding how the Impact Assessment Agency of Canada (IACC or the Agency) will assess project-specific emissions information against Canada’s climate change commitments and how such an assessment will inform final decisions under the new Act. Further, the entire SACC initiative represents a relatively narrow approach to using the new federal impact assessment (IA) regime as a tool for achieving Canada’s climate change commitments. Ultimately, it is unclear whether the path the SACC sets for implementation of the new IAA regime’s climate change requirements will have any net effect on Canada achieving its commitments in respect of climate change.

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