Conservatives to consolidate, speed environmental reviews

JASON FEKETE
Postmedia News

OTTAWA — The Tories plan to reduce federal environmental oversight of natural resource developments and other projects by consolidating assessments into three departments, eliminating reviews for small projects and handing more regulatory responsibility to the provinces.

Industry groups lauded the changes announced April 17 as critical to attracting investment and creating jobs, while environmental watchdogs and opposition parties attacked the plan as another example of the federal government abandoning its responsibility for protecting Canada’s land, air and water.

The Harper government’s blueprint for “responsible resource development,” announced by Natural Resources Minister Joe Oliver, will concentrate the federal government’s environmental assessments on major economic projects and impose fixed timelines of up to 24 months for reviews of major oil and gas and mining proposals.

The measures, which will be included in new and amended federal legislation to be introduced shortly, also may limit participation in future regulatory hearings to those people “directly affected” by projects, although details are still to come.

The federal government maintains all the changes are necessary to move to a “one-project, one-review” process that reduces duplication, improves predictability and timeliness for investors, concentrates federal efforts on major projects (such as mining and oil and gas proposals) and improves consultations with aboriginal groups.

“We need a process that ensures timely, efficient and effective project reviews, promotes business confidence and capital investment, while strengthening our world-class environmental standards,” Oliver said Tuesday while announcing the changes at a Toronto business that provides products for oil and gas pipelines.

“With scarce resources, it is counter-productive to have the federal government completing separate reviews of the same project,” Oliver added.

Under the plan, provincial environmental processes will be substituted or considered equivalent to federal reviews as long as they meet the standards set out in the Canadian Environmental Assessment Act.

The provincial rules also will be considered equivalent to federal Fisheries Act regulations as long as they meet or exceed Canadian standards, while the provinces, National Energy Board and the Canadian Nuclear Safety Commission will be authorized to grant approvals under the federal Fisheries Act.

The government will consolidate federal environmental reviews into three organizations: the Canadian Environmental Assessment Agency, the National Energy Board and the Canadian Nuclear Safety Commission. Currently, more than 40 federal government departments and agencies have responsibility for project reviews.

Moreover, joint review panels no longer would be required for projects regulated by the NEB and CNSC.

As part of the changes, the Canadian Environmental Assessment Agency will decide within 45 days of a project application whether a federal environmental assessment is required.

Smaller, “more routine projects” won’t require a federal environmental review, but still will be subject to provincial and national laws. While federal oversight will be reduced in some areas, the government and industry maintain environmental protection won’t be compromised.

“This is all about improving the predictability of the process,” said David Collyer, president of the Canadian Association of Petroleum Producers, who is pleased with the changes.

“It certainly does not diminish the focus on environmental outcomes.”

As mentioned in the March budget, standard environmental assessments will last 12 months, NEB reviews 18 months and panel reviews 24 months.

In an effort to improve consultation with aboriginal groups, the federal government will designate a lead Crown consultation co-ordinator for each project and establish consultation agreements with the provinces, territories and aboriginals.

Oliver also pledged the government, for the first time, will provide federal inspectors with the authority to determine whether a company is meeting its environmental obligations under the Canadian Environmental Assessment Act, and impose “tough, new financial penalties” for those firms breaking the rules.