July 19, 2010

Dear Editor,

I wish to respond to the Letter to the Editor (MP votes to gut environmental regulations, Friday, July 16, 2010 ) regarding changes to the Canadian Environmental Assessment Act.  I welcome my constituents’ views regarding federal issues and can assure them that the environment remains protected under these adjustments.
Responsibility for the environment and environmental assessment is shared with the provinces and territories.

The Canadian Environmental Assessment Act (the Act), brought into force in 1995 and amended in 2003 following a statutory review by the Minister of the Environment, requires a federal authority to conduct an environmental assessment when it has a decision to make about a proposed project as a proponent, source of funds, landholder or regulator. 

Each year, over 50 federal authorities (departments, boards and agencies) conduct about 6000 environmental assessments. The three types of environmental assessment are:

1. Screening;
2. Comprehensive study; and
3. Review panel established by the Minister of the Environment,

Provincial premiers, the Commissioner of the Environment and Sustainable Development, and the External Advisory Committee on Smart Regulation have all pointed to shortcomings of the federal process. The changes to the Act will correct these shortcomings.
Here is an overview of the proposed amendments:

1.Routine public infrastructure projects
Temporary measures were put in place in March 2009, through regulations, to exempt routine public infrastructure projects.
The proposed amendments would make these measures permanent while providing the Minister of the Environment with new authority to require an environmental assessment of an exempted project where there may be significant adverse environmental effects. No new classes of routine public infrastructure projects would be exempted.

2.Major projects
For many major projects, multiple federal authorities are responsible for the same environmental assessment.  Inconsistent implementation resulting from this diffuse accountability causes delays that hamper cooperation with provinces and create duplication. 
To address this problem, the Canadian Environmental Assessment Agency would become solely responsible for comprehensive study environmental assessments, except for projects regulated by the National Energy Board and Canadian Nuclear Safety Commission for which no legislative changes are proposed.
The amendments would also simplify the comprehensive study process by removing certain procedural steps associated with identifying the appropriate type of assessment.

3.Scoping
Adjustments are proposed to respond in part to the Supreme Court of Canada MiningWatch decision, so that there is authority, where appropriate, to properly scope a project (i.e. determine what the environmental assessment should cover).

The Minister of the Environment would have authority to focus an environmental assessment on key components of a project. This would provide greater legal certainty and direct resources to environmental issues that matter most.

Detractors of these changes may wish to read the amendments contained in Bill C-9 thoroughly before concluding that they “gut” the environmental assessment process.  They do nothing of the sort. 

In fact, the changes reflect the government’s diligence in recognizing the importance of environmental assessments while also recognizing that duplication of regulation has a deleterious effect on the economy. 

Yes, we must have a rigorous environmental assessment process in place, which will continue to be in effect. 
It is common sense though that our commitment to environmental sustainability be balanced with our responsibility for economic sustainability.

Ron Cannan, MP