Category: Environmental Page 20 of 53

By: Sharon Mascher

PDF Version: Bill C-69 and the Proposed Impact Assessment Act: Rebuilding Trust or Continuing the “Trust Us” Approach to Triggering Federal Impact Assessment?

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)

Consultation Paper Commented On: Consultation Paper on Approach to Revising the Project List: A proposed Impact Assessment System

On February 8, 2018 the Government of Canada tabled Bill C-69. My colleague Martin Olszynski provided an initial overview of Part 1 of the Bill, the proposed Impact Assessment Act (IAA), in an earlier post. Several of my colleagues have now posted on various aspects of the proposed IAA, including Nigel Bankes, Shaun Fluker, David Wright, Kristen van de Biezenbos, Alastair Lucas, David Laidlaw, and Arlene Kwasniak. This post focuses on the question of what projects will trigger the federal impact assessment process under the proposed IAA. As I have noted previously, how this question is answered is essential to assessing whether the proposed IAA fulfills the Liberals’ promise to develop a new impact assessment process that restores the trust of Canadians and protects our environment. It goes without saying that in order for the impact assessment process to become relevant, it must first be initiated. Without effective and transparent triggers, therefore, the rest of the process becomes immaterial.

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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? 

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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.

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