Status of Updates to Environmental Assessment Process
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Bill C-69, the Impact Assessment Act, continues to be the government’s most contentious legislation. It passed Second Reading in the Senate on December 12, 2018. Among other things, Bill C-69 proposes creating an Impact Assessment Agency and replacing the National Energy Board with the Canadian Energy Regulator.
The Senate committee on energy, the environment and natural resources recently made numerous amendments to C-69 from over 200 changes requested by the energy sector and the province of Alberta.In particular, on May 16, 2019, the committee approved amendments that would reduce cabinet discretion to intervene in the assessment process and make it harder for anyone to initiate court challenges to decisions on projects and change how climate-change impacts are considered. (Some of the most recent amendments reflect verbatim recommendations proposed by energy lobby groups headed up by the Canadian Association of Petroleum Producers [CAPP], the Canadian Manufacturers and Exporters [CME], and the Canadian Association of Oilwell Drilling
On May 31, 2019, consultations on related proposed Regulations Designating Physical activities, (also known as the Project List), and the new Information Requirements and Time Management Regulations formally ended. These regulatory proposals address what kinds of industrial activities should be subject to federal impact assessments under Bill C-69.
In addition, the Government is consulting on two proposed regulations which will be pursuant to the Canadian Energy Regulator Act - Part 2 of the current Bill C-69. The proposedRegulations are Time Management Regulations and Power Line Damage Prevention Regulations.
Discussion papers on these can be accessed at:
https://www.rncanengagenrcan.ca/en/collections/new-canadian-energy-regulator-0
Bill C-69 is not expected to pass into law unless Parliament is extended beyond the June deadline.
