Environmental assessment rules weakened, advisory group blindsided, say critics.
Shell Canada, other oil giants, could benefit from changes
Months after proposed changes to Canada's ecological safeguards infuriated green groups across the country, critics are still looking for answers.
They wonder why Stephen Harper's Conservative government introduced big revisions to the federal Environmental Assessment (EA) Act right before a seven-year review.
And why an independent advisory committee staffed with EA experts was apparently disbanded in 2008 without any notice.
The critics --– which include lawyers, green NGOs and federal Liberals -- can only speculate who stood to gain from pending amendments that turn one of Canada's most important green pillars "into hash," as one academic lamented.
Federal lobbying records might provide some indication. In the months and years preceding the spring legislation, industrial proponents supporting such projects as a bitumen pipeline to Kitimat, B.C., and major Alberta oil sands expansions may have lobbied for assessment act changes. It's difficult to say what influence some of the best connected lobbyists in the country had on federal laws.
But at least one opposition party member suspects a hidden mandate is guiding Canadian policy.
"It's about money," Liberal party of Canada environment and energy critic David McGuinty told the Tyee. "The government is very carefully hiding its real agenda of removing government from the marketplace. This is the mantra."
'Breathtakingly undemocratic'
In January of this year, Canada's green movement won a significant Supreme Court of Canada victory. The Court ruled that federal officials avoided a full environmental review of the giant Red Chris gold and copper mine in northern British Columbia. After a provincial assessment, the feds had only examined small project sections -- including a proposed toxic tailings pond -- while failing to consider the larger impact of excavating 30,000 tonnes of earth a day for decades.
The mine development continued anyway, but environmental groups claimed the ruling empowered average citizens and strengthened federal obligations. Just over two months later, many accused the Harper government of disregarding Canada's top court.
New legislation -- known as Bill C-9 -- put forward major revisions to the federal assessment act. Proposed rules would grant the environment minister power to reduce the scope of reviews and put many infrastructure projects on an exemption list.
They'd also hasten efforts to have energy and pipeline proposals reviewed by arguably more sympathetic regulators. Even worse, critics charged, was that the amendments were tucked into a budget implementation bill, meaning opposition parties couldn't vote against them without triggering an unwanted election.
This was puzzling, because a comprehensive seven-year review of the act was due to take place no later than June.
"We find it breathtakingly undemocratic," West Coast Environmental Law staff counsel Josh Paterson said in an interview. "It seems to me like if you want to avoid any rigorous public scrutiny -- and parliamentary scrutiny -- of these amendments this is how you would do it."
Advisory group loses mandate
The Assessment Agency's own Regulatory Advisory Committee was blindsided by the revisions, according to Arlene Kwasniak, who sat on it for years. By that point though, the University of Calgary law professor and green advocate wasn't even sure the committee still existed.
The multi-stakeholder group formed in 1992 to advise the minister of environment on what was then a new assessment act. Industry reps, green voices, nuclear proponents, provincial officials and others drafted many policies which were later written into law, Kwasniak said. Members met at least twice a year. Then in late 2008, the group's dealings came to a mysterious halt.
"We were supposed to meet in December. That meeting was postponed. Then we were supposed to meet in January but that meeting was postponed. And then there was just never a meeting. So I don't even know if it officially exists anymore," Kwasniak told The Tyee.
Not long after the first rescheduling, surprising new changes to the federal assessment process began to appear. The 2009 budget came appended with Navigable Waters Protection Act revisions. The changes exempted certain projects and waterways, reducing the need for federal reviews in some cases.
And in March 2009, new rules excluded about 2,000 stimulus projects under the Building Canada Plan. "Although there haven't been recent meetings, the Agency has consulted bilaterally with committee members," wrote agency spokesperson Annie Roy in an email.
Kwasniak was unaware of any policy consultation.
Neither were several other committee members. One even called the agency's remarks "perilously close to mischaracterization."
Kwasniak is convinced the Harper government has little interest in the opinions of stakeholders and the public. "If you don't have those views you can just gallop on whichever way you want to go," she said.
'Fundamentals' still the same: Minister
This May, as oil gushed into the Gulf of Mexico from BP's exploded offshore rig, 16 green groups wrote a scathing letter to the federal Standing Committee on Finance. They urged MPs to undo "regressive [assessment act] changes that threaten Canada's environment."
Far from weakening oversight, the Conservative government argues, the amendments actually strengthen it. "Assessments will start sooner, delays and duplication will be reduced," environment minister Jim Prentice recently wrote. "The fundamentals of environmental assessment are not changing and the requirements of the act will continue to be met."
Even the Liberal Party's McGuinty acknowledges the process needs serious revamping. Inefficient coordination between provinces and the feds can add huge wait-times to projects. And public and stakeholder involvement could be enhanced, he said.
Many provincial leaders -- especially those in B.C. -- have urged the federal government to improve EA legislation. But those kinds of issues will likely be addressed in a comprehensive review of the act, due to start this June.
Critics wonder why the federal government didn't just wait until then. "The conduct of the Parliamentary review, and subsequent action to respond to its recommendations, including implementing legislative changes, could take a few years," explained agency spokesperson Roy. "In the meantime, delays and duplication resulting from process issues do nothing for the environment and have negative economic impacts."
Industry lobbies to change EA
Canada's large industrial proponents have often complained of the same problems. Federal records suggest many have been lobbying the government for changes. Shell Canada is a major Alberta oil sands producer and until recently, planned big expansions there. It employs a first-rate lobbying firm called Global Public Affairs to make its needs heard on Parliament Hill. Well-connected lobbyists such as Dan Seekings, Tim Kennedy and Kristin Anderson were recently named among the 100 most influential in Canada. Since 2008, lobbyists have met with top government officials -- including Harper policy advisors -- on Shell's behalf. One major issue area is, "Canadian Environmental Assessment Act - related to improving efficiency and project approvals," according to lobby records.
"It would be premature to express any opinions about the draft legislation," Shell Canada spokesperson Ed Greenberg wrote in an email, when contacted by The Tyee.
The Canadian Energy Pipeline Association also employs Global Public Affairs. One of its members, Enbridge, is currently planning a controversial bitumen pipeline that would put supertankers in B.C.'s coastal waters. Lobbyists have recently sought "to enhance and streamline the assessment of pipeline projects." The association did not respond to requests for comment.
Natural gas giant EnCana -- through its spinoff, Cenovus -- plans to become a major oil sands producers over coming years. Federal records show it's lobbied "in relation to the policy for cumulative effects assessment and management."
A spokesperson was not sure how proposed revisions would affect EnCana operations.
Other groups that have listed EA policy in lobbying records include pipeline giant Kinder Morgan, oil sands heavyweights Imperial Oil and ConocoPhillips and the Canadian Association of Petroleum Producers.
Changes favour corporations: report
Lobbyist records only give a small picture of the policies pursued by industrial proponents. Just because a group or company lobbied for EA changes doesn't necessarily mean it supports the recent Harper government initiative. Yet critics argue the revisions could benefit corporate interests in some cases.
For example, new rules would speed up earlier attempts to have energy and pipeline reviews conducted by the National Energy Board or Canada Nuclear Safety Commission, instead of the Assessment Agency.
Observers following a 2006 test case for the Emera Brunswick Pipeline Project found public opposition blunted by inflexible timelines, complicated requirements and intimidating cross-examinations.
"The NEB Regulatory hearing process favours well-financed corporate applicants and intervenors," concluded a report.
If these sorts of reviews become the norm, "the opportunity for members of the public to have a voice in the environmental planning around major oil and gas projects in Canada will be compromised," it read.
Industrial developments could potentially benefit from changes to the scope of reviews, critics also suggest. They fear the environment minister will only assess small impacts of an oil sands project, for instance, rather than its overall impact.
"One would assume that at least some proponents would be happier about that," lawyer Paterson said.
As the seven-year review begins next month, expect a full public examination of one of Canada's most significant green pillars.
For Kwasniak and many others, there's a sense of urgency. "These changes will not only weaken [the act]," she said. "They'll make hash out of it." ![[Tyee]](http://thetyee.cachefly.net/ui/img/ico_fishie.png)
Geoff Dembicki reports for The Tyee.
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Camero409
3 years ago
Harper and Gordo
These two are cut from the same cloth. Secretive and sneaky. Neither want to perform in the light. Everything must be a back room deal with the other pigs at the trough. These are dark times in Canadian politics. Perhaps we here in BC are more alert because we have had 9 years of lies and deceit.
These two are most narcissistic egomaniacs on the planet. Both must be removed from power because neither knows how to use it. Both are corrupt and don't deserve the support of a toilet seat in a outhouse.
blackie
3 years ago
just say no
Says camero409: "These two are most narcissistic egomaniacs on the planet. Both must be removed from power because neither knows how to use it. Both are corrupt and don't deserve the support of a toilet seat in a outhouse."
They don't know how to use power? Hate their policies all you want, but that's ludicrous, especially where Harper is concerned. I've never seen anyone, in a minority government, so adept at using power. You just don't like what he does with it.
But this issue definitely cuts to the chase. If the various opposition parties had any backbone at all, they'd defeat Harper on this issue and fight the election on it. I wonder why they don't do that. Could it be because they figure they'd lose?
Isn't it marvellous that despite all this Machiavellian behaviour, exposed routinely on the Tyee, polling shows Harpo's party still in the lead with Iggy getting close every once in a while, but never to stay.
And how ironic that of all the "lies and deceit" from the Campbell government, he's likely going to get his come-uppance on a non-issue (from a public policy perspective) like HST, with the stake driven through his heart by Vander Zalm of all people.
There is a need to reform environmental assessment procedures to minimize duplication of process. While this is always cast as "benefitting corporations" what it really does is let a project proponent get a decision he can either take to the bank, or write off, in a reasonable time. Environmentalists are interested only in a process that guarantees a "No" for every industrial project put forward regardless of the economic impact.
Project opponents -- pipelines, run of river, whatever -- often argue for an assessment of cumulative impacts. That's reasonable. But how about an assessment of the cumulative impacts of all the "just say no" campaigns on the economy.
Jerry Munro
3 years ago
Out of Control...
As part of the New World Order for itself, that global capitalism began to roll out in the early 80s with its opening attacks on working class organization (trade unions), it also began to undo, along with this post depression/world war social contract, the old regulatory regime over capitalism that had also evolved as part of that. While initially, primarily directed against Labour, it has increasingly extended to all constraints upon even the most serious excesses to which the unbridled greed of the capitalist "free market" is prone. (And which, prior to the last post depression social contract being put in place, had been the driving forces of cyclical recession and depression that has been a constant within the history of capitalism, and to which template it has chosen to return. The mistaken rationale being that capitalism had changed its spots, was now an "enlighted" socio-economic order, and no longer needed to be held in check or held captive to working class or broader social demands. Which self-view we now know, of course, was but a self-serving analysis of capitalism by its ruling class and their servant economics and social sciences intellectuals.i,e, Freedman etc.)
The additional fly in the ointment of course, is that as capitalism went through an unparalleled growth and expansion in population and economic demands on the planet over this same post depression and post WW2 period, the need to regulate this growth, to restrain and instill a social/planetary consciousness into it, likewaise arose. The consequence of this failure to do, and capitalism's only propaganda purposes committment to it, is now evident all around us, in the Alberta tar sands, the collapse of fisheries etc, and most recently, the still unfolding oil leak crises of BP in the gulf.
And the leading edge, vanguard force of this attempt to de-regulate capitalism and all aspects of its "corporate free market", and to absorb "the capitalist state" into it, as its unblushing servant and handmaiden, is the Tories in this country. Though really, all the current parliamentary parties to capitalism are in on it, to one degree or another. And this is transparent in the staged and tame questioning of the assumptions of the deregulated "free market", that while at its most serious may advance some return to "safe regulation", in order to "save capitalism", never challenges the underpinning, driving forces of capitalism that are at the very heart of it all-, and to which it ever returns again and again.
In short, there is no solution to the current economic, broader social and ecological woes of the period without challenging capitalism itself, and indeed, taking the steps needed to overthrow it... send it into history. If not already apparent, it will become more and more so in a growing litany of crises.
This socio-economic system is incompatible with the needs of the future. It is out of control. It has gone mad.
Fish-counter
3 years ago
So what else is new?
We should fully expect Stephen Harper to gut the environmental protection laws. That is who he is; anything for a full wallet and a full gullet. What does it matter if a few environmentalists are upset? They don't donate to the Tory campaign coffers and they don't control Bay Street.
Luck
3 years ago
Just keep on complaining maybe it will go away
Another great article by the Tyee crew.
Canadians aught to win the complainer award of the the century.
The tyee has a way of bringing out all the tone of folks who did not vote and now see the results.
Most just don't like it.
As Quebec always say, the rest of canada always elects governments that not only won't serve the canada people and also not quebecors.
This is all in the Bible if you care to read it.
We will have bad bad governments, heavy taxation,lots more violent crime, lots of unemployment, more poor people 90% of canada, flooding, famine, wars, earthquakes and lots of storms.
Canadians will stand by saying we can't change now and hoping the USA steps in and much to our surprize it's China. Please stand by....
Better get on a good drug program or begone.
The best is yet to come eh. Are you ready.
greengreen
3 years ago
Don't mess with God
And don't forget, the Armageddon group, which has infiltrated all parts of Harper's government, believes that environmental degradation is a precursor to Armageddon, and should not be curtailed by the foolish regulations of humans. They are interfering with God's plan!
John Greg
3 years ago
Luck ...
Huh? Canada, Harper, Gordo, and the Tyee are in the Bible?
Way cool dude!
Jerry Munro
3 years ago
It's in the bible...
And for luck, I have a cute little jacket, with sleeves that tie in the back. :-)
ifsandsnbutts
3 years ago
Luck is right
...all of this is in the Bible, whether or not we want to believe it, it's there. As to the Armageddon issue...well, that's there too...however, I take great issue with those who believe their religion gives them the right to "help God along." Psssstttt! He doesn't need your help!
I know, I know, they're not going to be here to see the result of their good works because they're going to be "whisked away in the blink of an eye" leaving the rest of us to contend with their mess. How Christian of them. The very last group that Jesus would align himself with if He were to come back today is: Christianity.
Nonetheless, Luck is right. It's in the Bible.
swami99
3 years ago
Small Government; Big Oil Slicks
De-regulation has proven disastrous in US financial and off-shore energy industries. President Reagan used to tell Americans, "Government is the problem." Now, US corporations beg their government for bailouts. Harper appears willing to copy bad ideas.
crh
3 years ago
Isn't it amazing that while,
Isn't it amazing that while, right under their noses, debt is being increased astronmically while claiming otherwise, they still vote for them. Cons always mis spend. G20, 1 billion. That ain't no small chunk of change but necessary in the service of big corporations. But lie your face off, and the voters believe.
The worst ones are the ones that listen to what God tells them to do.
Luck
3 years ago
Course its in the bible red
Just remember you don't have to be religious to read the Bible.
The Bible is not helping God out as it was his message put into print by mankind to help us out. Hello.
Obviously BC has more red necks than percieved. This is why we are in the state we are in. No teamwork among people.
People, Get all that pent up energy out of your system by volunteering to make our world a better place, support betterment of society and plaese stop complaining and do something, you will feel much better.
If you can lose your Biblephobia you will see the world in a different light.
And actually have faith in something that will actually happen instead of looking in the mirror every day and wondering what you can complain about next.
Get off your duff and meet the world head on and do something rather than feel complaining into a sorry mess is the only avenue.
CanadianLatitude
3 years ago
Nothing we can do about it.
Nothing we can do about it. As long as the federal libs keep getting ding bats for leaders Harper will be around.
Plus Canada is moving to the right and BC has always been right wing and the only reason the NDP ever got in is because of the right wing splits when more than one of them.
It is sad and I have given up on voting until we get full pro rep federally and provincially. Whatever ones popular vote is, is the amount of seats you get. No more majorities like Chretien with just over 38% of the vote or any majority with less than 50%..So now I will join the 50% that do not vote.
Luck
3 years ago
See Luck is right about canadians from coast to coast
Canadian Latitude from coast to coast sent to Tyee.
Suggests...Nothing we can do about it. Your dead wrong.
That is the theme right across canada. From the rich, to the poor to the red neck.
65% of Canadians do not vote. Just imagine if you got your head out of the sand and voted you would see a big difference.
At least you would get the govs you vote for.
Until you have nots understand the voting system you are defined as whiners and just existing.
Put that in your pipe and smoke it for awhile people.
Please let us all know when the light goes on, we will be right there to congratulate you all.
RickW
3 years ago
Can Lat
And (out of curiosity) what does that mean? Are Canadians spontaneously foregoing such "leftist" institutions as public education, public pensions, public infrastructure, etc. in favour of privately-run businesses?
Frank
3 years ago
Apathy
Nobody cares if you don't vote. More than half the population didn't vote in BC last May and it didn't mean a thing.
myworld2
3 years ago
Vote
My hunch is that Christ would vote. I suspect Christ would value democracy and have disdain for the sociopathic nature of large corporations and the so-called leadership that paves the way for them. Much of what is going on environmentally and socio-politically are things that people have been warning us about for fourty years. Many of my friends ssy "I'm not interested in politics". I want to smack them.
RickW
3 years ago
myworld2
Christ also overthrew the money changers. The banks (and by extension the Harper government - which brags to the world about the solidity of Canada's banks) wouldn't like that.........
Luck
3 years ago
YOUR WORLD AND WHAT YOU MAKE OF IT
ANOTHER MOTIVATING ARTICLE BY THE TYEE THAT BRINGS OUT THE THE FEARS IN BOTH SEXES.
THE CURE IS TOO VOTE AND BE COUNTED IN, INSTEAD OF OUT.
MOST CANADIANS HAVE AN AFFINITY TO FINISHING LAST.
THE KEY IS TOO VOTE AND GET YOUR FRIENDS TOO VOTE OR YOU HAVE NO SAY IN THE OUTCOME.
REMEMBER 65% OF YOU DON'T VOTE. IMAGINE THAT!
IF YOU DON'T VOTE YOU END UP SAYING, Many of my friends ssy "I'm not interested in politics". I want to smack them. RIGHT ON, MAYBE SMACK EM TWICE SO THE LIGHT COMES ON.
THE GOV HAS CONVINCED WEAK PEOPLE FEMALE AND MALE NOT TO VOTE THEY HAVE PUT THEIR MINDS IN a cute little jacket, with sleeves that tie in the back. RESULT BRAIN DEAD IN NEED OF OXYGEN AND CPR.
AS MENTIONED, THE GOV SHOULD BUY A BANK OR 2, BUT DON'T PUT IT IN A CHURCH RED. BANKS PAY NO TAXES, CHECK IT OUT. BANKS MAKE CLOSE TO ONE BILLION DOLLARS EVERY 3 MONTHS. CHECK IT OUT. WRITE TO YOUR LOCAL GOV AND INSIST THEY BUY A BANK TODAY. THINK OF THE MONEY COMING IN, RESULT> NO DEBT, BETTER HEALTH CARE, BETTER EVERYTHING.
OKAY ALL YOU CYNICS OUT THERE, LETS HEAR YOUR SIDE.
John Greg
3 years ago
Well ...
That's us told then isn't it. Loudly too.
x4estworker
3 years ago
Greens getting used to the backrroom deal making
I agree with the posters here who criticize secret backroom deals endorsed by government. Where does that leave the public who has an overriding interest, particularly in circumstances on which development projects are to take place on public lands?
The latest and most blatant example of a secret backroom deal was the sellout of the public interest between members of the Forest Products Association of Canada and various green groups such as Greenpeace, the unethical ForestEthics and the Pew Foundation, among others. Apparently, negotiations have been going on between these groups for a couple of years and there hasn't been one hint of public consultation or public process.
The same thing occurred on the British Columbia midcoast a few years ago. Not a hint of public consultation as forest companies and green groups struck a secret backroom deal to protect their own interests.
In both cases, these secret, backroom deals were endorsed by both the federal and provincial governments and the public was left holding the bag.
Having dealt with environmental groups over a period of twenty years, I am used to the greens calling for public consultation. But I guess it's different now that the greenies are in the backrooms themselves. Anyway you look at it, there is nothing democratic about what is going on with this type of arrangement.