New deal for environment
Liberals plan to overhaul process they claim was ‘gutted’ by Harper Tories
OTTAWA— The Liberal government unveiled major new legislation Thursday to overhaul how Canada decides whether to approve resource projects such as pipelines and mines, promising to restore public confidence in a system the environment minister claimed was “gutted” by their Conservative predecessors.
The revamped process would create a new agency to lead major project proposals, consider a broader range of impacts under a tighter timeframe and require project proponents to engage with Indigenous peoples and the broader public for 180 days before an assessment formally begins.
“Without the trust of Canadians, you end up with polarization, you end up with court challenges,” said Environment Minister Catherine McKenna. “In the 21st century, if you want to get your resources to market, you need to understand that the environment and economy go together and that’s exactly what we’ve done.”
Critics from both ends of the political spectrum were quick to pounce on perceived problems with the bill, claiming that it gives the environ- ment minister the power to block projects while they’re still being assessed and that it fails to address exactly what type of projects will be reviewed under the new rules.
Jason Kenney, former cabinet minister and leader of Alberta’s United Conservative Party, said the bill actually creates more uncertainty and that the new consultation requirement would drag out assessments and deter investors.
“This is the worst possible news at the worst time for Canada’s energy industry,” he said.
Alexandre Boulerice, an NDP MP from Montreal, said the bill included some positive measures — such as a move to open up consultation to people without a direct interest in a proposed project. But he accused McKenna of breaking a Liberal campaign promise by giving more discretionary power over proposed projects to the environment minister.
“That is something we see in a very bad light,” he said.
Green party Leader Elizabeth May said the authority of the minister and federal cabinet for proposed projects, combined with a lack of clarity around which projects would fall under the new review scheme, means the bill should be split up so it can be studied closely by members of Parliament.
“What we now have is unpredict- ability, a lot of political discretion, and even after reading this bill, it’s not possible for me to tell you what projects will be assessed and what won’t be,” May said.
The bill would create a new review body called the Impact Assessment Agency of Canada that would lead assessments for major projects under federal jurisdiction. But the bill does not spell out which projects would be included for review under that agency; the government launched consultations Thursday to determine those details, which are expected to take several months.
The new law also proposes that assessments for projects consider a wider scope of factors surrounding each proposal — not just the environmental impact, but also consequences on health, the economy and Indigenous peoples. Each assessment would also include a gender-based analysis.
There would also be deeper requirements for consultation, with a new 180-day “early planning” phase that would require companies to engage with Indigenous peoples and the wider public. After that, the assessment would begin under a legislated timeline of 300 days — down from the current 365-day limit.
The bill also replaces the National Energy Board with the Canadian Energy Regulator, and adds protections to navigable lakes, rivers and canals.