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June 1, 2010
Honourable Senators
Parliament Buildings
Ottawa, Ontario
K1A 0A6
Re: Save Canada's environmental laws - do not accept the gutting of environmental assessment through the budget bill
Honourable Senators:
We represent fourteen conservation and community organizations working at the national level and in regions across Canada, who are concerned about the future of environmental assessment. We are writing to request that, as members Canada's Parliament soon to review Budget Bill C-9, the Jobs and Economic Growth Act, you stand firm to defend Parliamentary tradition by refusing to pass the Budget as it stands, with non-budgetary measures buried inside it. If the Bill is approved at third reading by the Commons in its current form - merely in order to avoid an election and in spite of the objections of all opposition parties representing a majority in that House - we ask that you use your unique position within our system to defend Parliament's prerogative and the public's right to a full, proper, and separate legislative consideration of the provisions aimed at weakening environmental assessment contained in the Bill. We ask that the Senate sever these - parts 19 and 20 - from the Bill.
The provisions in parts 19 and 20 are clearly aimed at gutting the Canadian Environmental Assessment Act ("CEAA"), which requires environmental assessments for development projects such as tar sands mines, oil and gas pipelines and nuclear power plants. These provisions have nothing whatsoever to do with the Budget, and have no business being there. The changes include:
- Allowing the Minister of the Environment to avoid doing detailed environmental assessments on large projects by breaking the projects up into smaller pieces - in a major move that undoes the Supreme Court of Canada's recent decision that this is illegal.
- Exempting a host of major projects from environmental assessment, paving the way for projects to go ahead that may cause significant environmental damage, without any thought at all given to the mitigation of those risks.
- Handing over public panel reviews for pipeline and nuclear energy projects - among the most environmentally problematic projects of all - from the Canadian Environmental Assessment Agency (which has specialized expertise in environmental assessment) to the National Energy Board and Canadian Nuclear Safety Commission (which have little experience in conducting environmental assessments),
CEAA and its regulations were developed only after years of public and stakeholder review, including review by the Environment Minister's own multi-stakeholder Regulatory Advisory Committee. Any one of these changes, proposed to be made without any public or stakeholder consultation, would represent a significant setback for sustainability and environmental protection. Combined together, they set environmental assessment practice back many years at just the time when Canadians are more conscious than ever about the need for rigorous environmental protection.
By burying these significant changes to environmental assessment deep within a towering, 900-page budget bill, the government has deliberately sought to bypass the will of Parliament, which set out a legal requirement for a comprehensive seven-year review of CEAA that is slated to begin by June 2010. Hiding these significant changes from the serious Parliamentary and public scrutiny they require is harmful to the principles of good and transparent government, and every member of Parliament - whether in the Senate or in the other chamber - should be prepared to stop this end-run around democratic process. It happened in last year's budget with amendments to CEAA and the Navigable Waters Protection Act, eliminating thousands of assessments aimed at ensuring development is sustainable. You should not permit it to happen again.
We strongly believe that it is undemocratic for the government to gut environmental assessment law through the budget process. We therefore urge the Senate to separate Parts 19 and 20 - the environmental assessment provisions - from Bill C-9 with the direction that these amendments be set aside for consideration in the upcoming comprehensive seven-year review of the Canadian Environmental Assessment Act, which is required by CEAA to begin by June. This review is the best forum to develop legislative proposals to reform CEAA to ensure that it is effective in addressing key priorities such as climate change and the protection of the environment.
We would be pleased to meet with you or your staff to discuss our request for you to help protect Canada's environment by stopping Canada's environmental assessment law from being undermined. The government's proposal, if passed by the Commons, is one that clearly requires the sober second thought that your chamber is constitutionally intended and entitled to carry out.
We look forward to hearing from you.
Sincerely
Josh Paterson, Staff Lawyer West Coast Environmental Law Vancouver, British Columbia
Jamie Kneen, Co-Manager
MiningWatch Canada
Ottawa, Ontario
Brian Free, President Canadian Society of Environmental Biologist
Carolyn Campbell, Conservation Specialist
Alberta Wilderness Association
Calgary, Alberta
Roberta Frampton Benefiel, Vice-President
Grand Riverkeeper Labrador, Inc.
Happy Valley-Goose Bay, Labrador
John Sinclair
Resource Conservation Manitoba,
Winnipeg, Manitoba
Peter Karwacki, President
Les amis de la rivière Kipawa
Ottawa, Ontario
J. Denys Bourque, R. P. F.
Les Intendants du Madawaska
Saint-Jacques, Nouveau-Brunswick
Skeena Watershed Conservation Coalition
Hazelton, British Columbia
Jennifer Rice
T. Buck Suzuki Environmental Foundation
Prince Rupert, British Columbia
Northern Branch of the Steelhead Society of BC
Terrace, British Columbia
Pat Moss, Friends of Wild Salmon
Smithers, British Columbia
Dieter Wagner, Douglas Channel Watch
Kitimat, British Columbia
Julia Hill, North West Watch
Terrace, British Columbia
Kindly direct responses care of: Josh Paterson Staff Lawyer West Coast Environmental Law 200-2006 W 10th Av Vancouver BC V6J 2B3 tel: 604-684-7378 fax: 604-684-1312 Email: jpaterson@wcel.org
cc: Prime Minister
Minister of Finance Minister of the Environment
Minister of Natural Resources Parliamentary Secretary to the Minister of Finance Parliamentary Secretary to the Minister of the Environment
Parliamentary Secretary to the Minister of Natural Resources Leader of the Official Opposition Leader of the New Democratic Party of Canada Leader of the Bloc Québécois Leader of the Green Party of Canada
Clerk of the Standing Committee on Finance (House of Commons)
Standing Committee on Environment and Sustainable Development (House of Commons)
Clerk of the Standing Committee on Environment and Sustainable Development (House of Commons)
Official Opposition Critics for Finance, Environment & Energy, Natural Resources and Aboriginal Affairs
NDP Critics for Finance, Environment, Natural Resources & Energy, Fisheries & Oceans, and First Nations, Métis and Inuit Affairs
Bloc Québécois Critics for Finance and Environment