We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
The Federal Budget Bill, Bill C-38, dramatically cuts down federal
environmental assessment.
The existing Canadian Environmental Assessment Act
is revoked and replaced by a new, much more limited assessment
regime. It will apply only to projects specifically chosen for
review by the federal Minister of Environment or Cabinet. All
automatic triggers for federal EA are eliminated. The federal
assessment of "cumulative effects" has bee
eliminated.
The only purpose of the new assessments will be to identify
"significant adverse environmental effects
that fall within the legislative authority of
Parliament, or that are directly linked or necessarily
incidental to a federal authority's exercise of a power or
performance of a duty or function that is required for the carrying
out of the project."
Even then, the federal assessment can be delegated to a
province, or waived if another jurisdiction has an
"equivalent" process. And the EA process must be
completed "within applicable time limits". If a federal
EA does proceed, there will be some form of public participation,
participant funding, a public registry, and some form of followup
on the conditions imposed.
The largest federal authorities that have made it hard to
approve resource projects are fisheries and endangered species.
Both areas will now be made easier for project proponents.
Fisheries protection will be limited to commercial, recreational
and Aboriginal fisheries, and permits to harm endangered species
will be issued quicker, last longer and be easier to renew.
In total, resource project proponents should find it quicker,
easier and cheaper to get permission to build what they want, with
far less interference from the federal government, or those pesky
environmental groups. The courts will eventually tell us whether
they can so easily dispose of opposition from First Nations.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
A large, historical Australian public health study from the Sydney Medical School concludes that health complaints about wind turbines are heavily influenced by contagious nocebo effects.
The City of Kawartha Lakes has appealed to the Ontario Court of Appeal from a Ministry of the Environment Order, which imposed cleanup liability on the City for contamination it did not cause.
The $18 billion award given in Ecuador against Chevron for environmental damage won’t be enforced by seizing Chevron Canada, according to Justice David Brown.
On April 12, 2013, the Canadian Environmental Assessment Agency (the Agency) issued a public notice regarding proposed amendments to the Regulations Designating Physical Activities (Project List).
We have written several times about the Supreme Court of Canada’s decision in AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders.
