Environmental – Page 20

Multi-Jurisdictional Assessment and Bill C-69 – The Further Fading Federal Presence in Environmental Assessment

On March 26, 2018

By: Arlene Kwasniak

PDF Version: Multi-Jurisdictional Assessment and Bill C-69 – The Further Fading Federal Presence in Environmental Assessment

Bill Commented On: Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and make consequential amendments to other Acts

This is a continuation of the series of ABlawg posts on Bill C-69. The Impact Assessment Act (IAA) part of Bill C-69 is intended to replace the Canadian Environmental Assessment Act, 2012, SC 2012, c 19, s 52 (CEAA 2012). This post concerns how the proposed IAA addresses the situation where more than one jurisdiction has decision-making authority over a project and each jurisdiction requires an impact assessment (IA). A key question for federal legislators is should there be two (or more) assessments or one assessment? And if one, what is the nature of that process, and what roles must the respective jurisdictions play in the assessment?

Bill C-69, the Impact Assessment Act, and Indigenous Process Considerations

By David Laidlaw

On March 15, 2018

In Aboriginal, Environmental

By: David Laidlaw

PDF Version: Bill C-69, the Impact Assessment Act, and Indigenous Process Considerations

Legislation Commented On: An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts (Bill C-69)

On February 8, 2018, the Minister of the Environment and Climate Change [Minister] submitted Bill C-69 for first reading. Bill C-69, should it pass, proposes to enact the Impact Assessment Act [IAA], continue the Canadian Environmental Assessment Agency under the name Impact Assessment Agency of Canada [Agency], establish the Canadian Energy Regulator [CER] to replace the National Energy Board, and amend the Navigation Protection Act, RSC 1985, c N-22 with consequential amendments.

A Missed Opportunity to Strengthen Compliance and Enforcement under the Federal Fisheries, Environmental Assessment and Canadian Energy Regulator Acts

By Alastair Lucas, Q.C.

On March 1, 2018

In Environmental, Fisheries Regulation

By: Alastair Lucas

PDF Version: A Missed Opportunity to Strengthen Compliance and Enforcement under the Federal Fisheries, Environmental Assessment and Canadian Energy Regulator Acts

Bills Commented On: Bill C-68, An Act to Amend the Fisheries Act, and Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and make consequential amendments to other Acts

Many expected changes and even new approaches to compliance and enforcement under Bills C-68 and C-69. Unfortunately, this is not the case.

Your Concerns Have Been Noted: Citizen Participation in Pipeline Regulatory Processes Under the Proposed Impact Assessment Act

By Kristen van de Biezenbos

On February 28, 2018

In Environmental

By: Kristen van de Biezenbos

PDF Version: Your Concerns Have Been Noted: Citizen Participation in Pipeline Regulatory Processes Under the Proposed Impact Assessment Act

Bill Commented On: Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

This post continues the Natural Resources, Energy, and Environmental Law group’s series on the proposed legislative changes in Bill C-69 by examining the provisions pertaining to citizen participation in the pipeline review processes outlined in the Impact Assessment Act (IAA) and comparing them to the existing provisions in the Canadian Environmental Assessment Act, 2012, SC 2012, c 19, s 52, (CEAA, 2012). This post also considers whether the proposed provisions put forth in the IAA effectively address some of the concerns raised about the lack of meaningful citizen participation in pipeline review processes under the existing regime.

Indigenous Engagement and Consideration in the Newly Proposed Impact Assessment Act: The Fog Persists

By David V Wright

On February 27, 2018

In Aboriginal, Environmental

By: David V. Wright

PDF Version: Indigenous Engagement and Consideration in the Newly Proposed Impact Assessment Act: The Fog Persists

Bill Commented On: Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts

On February 8, the Trudeau government tabled Bill C-69. This is a complex Bill that aims to overhaul several of Canada’s foundational environmental laws, with a particular focus on the regime for review and approval (or rejection) of major projects such as mines, dams and pipelines. My colleagues have also generated ABlawg posts on this Bill; you can read them here, here, and here (with more to come).

In this post, I focus on Indigenous engagement dimensions of the proposed Impact Assessment Act. First, I offer some introductory comments on the path to this point, then I move on to a high-level inventory of notable Indigenous engagement features in the proposed Act, noting differences from the current assessment regime in places. I then offer some preliminary reflections and comments with respect to the proposed Act in relation to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the duty to consult. While the latter sub-topics could be major research projects in and of themselves, this post simply puts forward starting points for further examination, and, hopefully, further discussion toward improving the proposed legislation before it is finalized. In a nutshell, the proposed Act builds in more authority and avenues for Indigenous engagement, but fails to seize the opportunity to generate much needed clarity around UNDRIP and the duty to consult in the impact assessment realm. This, unfortunately, may serve to thicken a fog that has persisted in this area for some time.

Category: Environmental Page 20 of 53

Multi-Jurisdictional Assessment and Bill C-69 – The Further Fading Federal Presence in Environmental Assessment

Bill C-69, the Impact Assessment Act, and Indigenous Process Considerations

A Missed Opportunity to Strengthen Compliance and Enforcement under the Federal Fisheries, Environmental Assessment and Canadian Energy Regulator Acts

Your Concerns Have Been Noted: Citizen Participation in Pipeline Regulatory Processes Under the Proposed Impact Assessment Act

Indigenous Engagement and Consideration in the Newly Proposed Impact Assessment Act: The Fog Persists