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Environmental Rules Should Be Better, Not Easier

Posted: 04/25/2012 8:51 am

Few people would argue against making environmental review processes and regulations more efficient -- as long as they're effective. But changes announced in the recent federal budget don't do that. Instead, they make it easier for the federal government and industry to push through projects that could harm the environment and the economy, and limit the ability of ordinary Canadian citizens to have a say in matters of national importance.

Based on the budget announcement you'd think delays and duplication in the environmental review process are the biggest issues. They're not. As the Pembina Institute points out, the equivalent of one major oil sands mine has been approved in each of the past five years, and the pace is increasing.

Some people, including former Alberta premier Peter Lougheed, suggest we'd benefit by slowing down -- for economic and environmental reasons. When there are setbacks in the review process, they're often caused by industry's reluctance to provide timely data or by a lack of capacity within the government itself. The latter is getting worse as funding for basic monitoring and enforcement is subject to further cuts.

Eliminating environmental reviews for some projects altogether, shifting responsibility to the provinces, and severely cutting back on staff and agencies that provide management and information are not ways to make processes more efficient; they're ways to accelerate approval of major projects, making the short-term interests of industry a higher priority than protecting the air, land, and water we all need to stay healthy.

Provincial regulations are not always consistent, they're often weaker than federal rules, and they don't necessarily take into account the impact of decisions in one province on people in others. Remember also that B.C. approved a mining company's proposal to destroy Fish Lake near Williams Lake, but a subsequent federal review rejected it.

Other changes that could profoundly affect the way industrial and environmental concerns are considered include a move to restrict participation in environmental hearings to those "directly affected" and a proposal to shift decision-making authority for major energy projects, including the Northern Gateway Pipeline, from the National Energy Board to the federal cabinet. This could mean these decisions will become increasingly political rather than based on the best scientific information, expert advice, and public concern.

A democratic government committed to openness and transparency will ensure our shared resources are used -- or not -- in a way that provides maximum benefit and minimum harm to its citizens. That requires listening to what experts, community members, and the organizations that represent them have to say. That's true regardless of whether those organizations speak for the interests of people who see the environment as a priority or those whose biggest concern is tax dollars.

Besides putting the environment and the human health that depends on it at risk, these changes to policy and regulation could actually make review processes more inefficient and time-consuming. If people lose trust, we could see more conflict and court challenges. Recently, the Nuxalk First Nation of Bella Coola withdrew from the Northern Gateway hearings -- hereditary Chief Charlie Nelson argued that the government has already made up its mind to approve the project. Instead, aboriginal leaders say they will consider going to court to defend their rights and stop the project.

The government should work to make environmental rules more effective, improving efficiency as one of a number of objectives. A consultative and transparent process that engages a range of interests, information, and expertise would work best. The opportunity to achieve this was there when a parliamentary standing committee was charged with reviewing the Canadian Environmental Assessment Act last year. But the Canadian Environmental Law Association says that process was "rushed, poorly implemented, and anything but 'comprehensive' in nature".

We all want a free and democratic country with a healthy environment and strong economy. The best way to guarantee that is to encourage scientific research and knowledge, open discourse, and respect for a range of viewpoints. There are ways we can improve efficiency of decision-making, such as clearer environmental rules. Sometimes - but not always - it may take longer to reach a decision, but at least we'd be confident it is made in the best interests of all Canadians.

Written with contributions from David Suzuki Foundation Editorial and Communications Specialist Ian Hanington.

 
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11:27 AM on 05/01/2012
Who is the government working for the US OIL companies or the Canadain people . Well it would seem that the Government is not working for the Canadian puplic. They no longer want to deal with the environmental groups that oppose the Keystone. The Government is changing all the rules for environmental protection in Canada . There will be none when they are finished . Who do the Law makers work for ? The Canadian government and on the side of the OIL compaines ; to change these rules .
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11:20 AM on 05/01/2012
don't worry about the environment . The Canadian Government is tearing up all the environmental regulations . This will clear the way for the wonderful OIL pipe line from the Alberta OIL Sands environmental mess to the west coast and to the USA and who ever else wants this oil. The Environmental DEPT. in Canadian government is going to be funded half of what it use to get. Canada dropped out of Kyoto for a reason ; that reason is the OIL in Alberta and the other reason is they knew that they could not meet the Kyoto Accord , emissions standard . Why is this government railroading the Canadian People with this OIL pipe line project. most of the jobs for this project will run by America oil people . Not Canadians . This government has let down the Canadian puplic and there is nothing Canadians can do.
10:46 AM on 04/29/2012
The feds would have you believe the move was made to add stability to the investment climate. Environmentalists would have you believe it is an erosion of democracy and the end of the planet. Neither are comforting but if you were looking for comfort there isn't any. Environmental interests have used stall tactics for a very long time, Keystone XL is the latest example, the it now has come home to roost. I know being an environmentalist these days has become more challenging, charitable status, new environmental rules, and just making a living. Corporations whether energy or green all have their little problems. As for everyone else we can sympathize we live it most days, when we are not worried that we have living our lives may cause our own end. No worries I'm sure the courts will settle it.
02:59 PM on 04/26/2012
In twenty century, quick development is the focus for the whole world, however, after a huge process in industry and economy, people should think over how we could make development “healthier”. Should we set up a series of new environmental rule the answer is positive absolutely. What is more, the rules should be better not easier.
“We'd benefit by slowing down -- for economic and environmental reasons.”Slowing down provides more time for us to think. People have wasted too much natural sources, which mean the staff we have did is not equal to the profit we have get. For example, in order to get profit, we exploited mineral without controlling. As we known, mineral is a kind of mineral that cannot regeneration. The amount of mineral is constant. We just exploited again and again but not stop to think how to improve the technique to reduce cost and expand profit. This behavior will harm our environment; the underground water will lose and the quality of soil will become worse and worse, it also has negative influence on agriculture.
As the article said, we all want a free and democratic country with a healthy environment and strong economy. I cannot agree more with this sentence. I hope that the better environment rules will work out.
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06:24 AM on 04/26/2012
Clayton Ruby illustrates how Ontario has a similar plan;

http://www.thestar.com/opinion/editorialopinion/article/1166667--anti-environment-measures-tucked-into-liberal-budget-bill
01:12 PM on 04/25/2012
I advocate for "slow decision-making" especially when what is underlying a project proposal is a highly controversial question over our values. Filling a pristine lake with tailings, introducing oil tanker traffic to a rugged coast, or even a decision to open up a third mine in an area where everyone is already working should be made carefully, with all of the evidence, with all voices included, and a fair way to get to a 'no' decision if it is warranted.