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

On March 29, 2018

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.

Regulated Tolls in the Competitive Environment of Northeast British Columbia: NEB Issues Directions to NGTL and Westcoast

By Nigel Bankes

On March 28, 2018

In Energy

By: Nigel Bankes

PDF Version: Regulated Tolls in the Competitive Environment of Northeast British Columbia: NEB Issues Directions to NGTL and Westcoast

Decision Commented On: National Energy Board Examination to Determine Whether to Undertake an Inquiry of the Tolling Methodologies, Tariff Provisions and Competition in Northeast British Columbia: Examination Decision, March 8, 2018

As noted in a post this time last year, the chair of the National Energy Board (NEB, the Board) decided to appoint a single Board member, Lyn Mercier, to conduct an examination to determine whether to conduct an Inquiry into the Tolling Methodologies, Tariff Provisions and Competition in Northeast British Columbia. Ms. Mercier submitted her Report to the Board on February 22, 2018 and the Board has now released its “Examination Decision” under the signature of the Board’s secretary.

Second CRILF Report on Polyamory Studies Sociodemographic Attributes and Attitudes

By John-Paul Boyd

On March 27, 2018

In Family

By: John-Paul Boyd

PDF Version: Second CRILF Report on Polyamory Studies Sociodemographic Attributes and Attitudes

Report Commented On: “Perceptions of Polyamory in Canada”, Canadian Research Institute for Law and the Family

The Canadian Research Institute for Law and the Family completed its second report on polyamory in January. The Institute’s first report, completed in April 2017, addressed how the legal issues arising from the formation and dissolution of polyamorous relationships are dealt with under the domestic relations legislation of Canada’s common law provinces, and included a preliminary analysis of the data gathered from a national survey administered over the course of seven weeks in the summer of 2016. The new report takes a much deeper look at the survey data and examines the sociodemographic attributes and attitudes of people identifying as polyamorous, with the goal of obtaining a better understanding of the prevalence and nature of polyamorous relationships to inform the development of family justice policy and legislation.

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

By Arlene Kwasniak

On March 26, 2018

In Environmental

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?

Alberta Suspends Habitat Protection Plans for Endangered Woodland Caribou

By Shaun Fluker

On March 23, 2018

In Protection of Species

By: Shaun Fluker

PDF Version: Alberta Suspends Habitat Protection Plans for Endangered Woodland Caribou

Case Commented On: Minister of Environment and Parks March 19, 2018 Letter re: Alberta Draft Woodland Caribou Range Plan

On March 19 the Minister of Environment and Parks issued a letter stating Alberta is suspending plans to designate additional protected areas for endangered caribou habitat to allow for a further review of the socio-economic costs associated with implementing Alberta’s draft Woodland Caribou Range Plan. The Minister indicates this decision is in response to concerns raised in community consultations (see here) about the economic impacts of the proposed caribou protection and recovery measures in the Plan. There is also a not-so-subtle message from the Minister that if the federal government wants to see action on the caribou file, there needs to be a significant infusion of federal cash. However, the overall message here is the abdication of responsibility for protection and recovery of caribou. My intention in writing this short comment is to highlight where the Minister places an incorrect gloss on the law to conceal this failure to act.