Nova Scotia announces consultation for coastal protection legislation

lighthouse in nova scotia

Lighthouse at Brier Island, Nova Scotia, from Government of Canada website

Just after the Nova Scotia Minister of Energy  announced   funding for geoscience research on June 20 to support the $11.8 million Offshore Growth Project to encourage oil and gas development, the Minister of the Environment made good on an election promise from 2017 with the  launch   of a consultation process to consider coastline protection, allowing  the period from June 26 to August 17  for the public to respond to an online survey.   Discussion will focus on The  Coastal Protection Legislation: Consultation Document , which addresses the complexity of the legislative situation – both federal and provincial legislation – and  addresses three questions: 1. How to define a “Coastal Protection Zone” ?  2. How to restrict certain activities within the Coastal Protection Zone? and 3. What provisions are required for monitoring and compliance?   The document states:   “Fishing and aquaculture will be exempt, but how do we define this exemption? What other economic activities must we keep out of the way of?”

The Ecology Action Centre in Halifax announced the consultation with this neutral press release  ;  CBC News summarized it with “Nova Scotia seeks public input on legislation to protect coastlines” CBC News, and the Halifax Chronicle published an Editorial on July 3,  “Coastal construction rules needed to curtail climate calamities” , calling for the government to allow more time for public input.

British Columbia sets new GHG reduction targets, reviews environmental assessment process

Amidst the noise and fury of the B.C.-Alberta feud over the Kinder Morgan TransMountain pipeline,  the province of British Columbia is moving forward with reform of its climate change policies. On April 25, the  B.C. Climate Solutions and Clean Growth Advisory Council released a detailed letter to the Minister of Environment and Climate Change Strategy , describing the Council’s principles, supporting much of the government’s current direction, and making recommendations, based on the 2015 recommendations of the province’s Climate Leadership Team. Shortly thereafter, on May 7, a government press release  committed to  a new provincial climate action strategy to be released in autumn 2018, including plans for GHG emission reduction  for buildings and communities, industry and transportation sectors.

With that same press release, the government announced Bill 34, the Climate Change Accountability Act,  which amends the Greenhouse Gas Reduction Targets Act (2007), repealing the emissions reduction target for 2020 (generally deemed unachievable)  and sets new targets: reduction of GHG’s by 40% from 2007 levels by 2030, 60% by 2040, and 80% by 2050.  Accountability looms large in the responses to Bill 34.  The Pembina Institute  notes the failure of recent GHG emissions reductions, and calls for “a robust accountability mechanism to ensure history doesn’t repeat itself ”. In addition, Pembina notes that any development of emissions-intensive industries, such as liquefied natural gas, would jeopardize the province’s climate progress.

In “Looking for accountability in BC’s Climate Change Accountability Act”,  West Coast Environment Law reviews B.C.’s emissions reduction progress , summarizes responses by other environmental groups to Bill 34, and recommends how the government can incorporate principles of accountability and transparency in its new policies.  Similar concerns are discussed in “A Carbon Budget Framework for BC: Achieving accountability and oversight”  by Marc Lee, in CCPA’s Policy Notes (May 22).

Another policy issue under review in B.C. is environmental assessment, with a 12-member advisory committee appointed in March 2018, a public discussion paper promised for May, and reforms to come in Fall.  The government portal to the “Revitalization” process is here ;  “B.C. Moves Ahead With Review of Controversial Environmental Assessment Process”  (Mar 8) summarizes the situation.   On May 9,  twenty-three environmental, legal, social justice and community organizations released  Achieving Sustainability: A Vision for Next-Generation Environmental Assessment in British Columbia , which calls for an independent environmental assessment body which will involve the public, and require decision-makers to demonstrate that their decisions are based on science and Indigenous knowledge. A summary, with links to more detailed discussion  is provided by West Coast Environmental Law.  Analysis and practical examples are provided by Sarah Cox in  “Time For a Fix: B.C. Looks at Overhaul of Reviews for Mines, Dams and Pipelines”, which  appeared in April in the newly-named newsletter from DeSmog Canada, The Narwhal.

Unifor calls for federal leadership in Just Transition and a role for collectively-bargained protections

unifor logoMore than sixty members of Unifor met federal Members of Parliament in Ottawa on May 24, to convey the union’s positions on four major issues: pharmacare, child care, public control of airports, and Just Transition.  The press release is here ; the four page Just Transition backgrounder is here . In it, the union expresses its broad support of the Pan-Canadian Framework on Clean Growth and Climate Change and carbon pricing, calls for federal policy leadership to ensure that workers do not bear the brunt of climate change-induced industrial restructuring, and offers specific recommendations.

Unifor’s Recommendations are noteworthy in that they explicitly call for a role for collective bargaining (or worker representation in non-unionized workplaces).  From the text:  “Unifor sees two potential avenues to finance Just Transition. The first means is through the new federal carbon tax, which need not be entirely revenue neutral. A portion of the proceeds could be used to create a ‘Green Economy Bank’ or some such fiscal mechanism. The second option is to bolster the Low Carbon Economy Fund, which is already explicitly committed to job creation, but should be geared towards good, green job creation, and widen its mission.” …..  Unifor calls for “Labour market impact assessments to monitor the emergent effects of climate related policy; Community benefit agreements, to support regions that are more heavily dependent on carbon-intensive economic activities; The promotion of green economy retraining and skills upgrading, through appropriate funding for postsecondary institutions. This includes mandatory apprenticeship ratio’s linked to college training programs and skills trades certification processes; Preferential hiring for carbon-displaced workers, including relocation assistance; Income support, employment insurance flexibility and pension bridging for workers in carbon-intensive economic regions and industries; Tax credits, accelerated depreciation, grants and/or investment support for firms and industries that bear an extraordinary burden of change; In unionized workplaces, there needs to be a role carved out for the bargaining agent in negotiating and facilitating workplace transition. In non-unionized workplaces we need to envisage a role for workers to provide input on adjustment processes and procedures.”

Unifor is Canada’s largest private sector union, with more than 315,000 members across the country in climate-vulnerable sectors such as energy, mining, fishing, as well as automobile and auto parts manufacturing.   Some of its existing collective agreements, compiled in the ACW database, have long-established workplace environment committees.

ETUC Guide to best practices for union impact on EU climate change and Just Transition policies

etuc logoAt a conference in Brussels on May 15, the European Trade Union Confederation (ETUC) released  Involving trade unions in Climate action to build a Just transition,  a Guide which makes the arguments for why unions should care about climate change, and provides recommendations and best practice examples from unions in the European Union.  The ETUC press release summary is here, in which the ETUC General Secretary states: “The ETUC’s new guide is about the policies, initiatives and governance involved in a just transition. At the end of the day our key message is that there is no just transition without workers participation. Imposed solutions do not work, we need dialogue to make climate progress.” A YouTube summary from ETUC is here.

The 48-page guide is packed with information and examples where trade unions have made impacts on national policies.  It began with a questionnaire circulated to ETUC affiliates, and also includes insights from five workshops involving experts from EU  unions and “relevant institutions”, organized around five thematic areas: employment and working conditions; governance and trade union participation; education; training and skills; social protection; and internal capacity building for trade union organizations (how to mobilize and prepare unionists to engage in the transition).

The Guide offers analysis about the role of trade unions, and states that union involvement in climate change policy development is on the rise, though it varies widely across EU member countries. The main message is that a Just Transition requires workers’ participation and dialogue. Some of the specific thematic recommendations include:

Promote economic diversification in regions and industries most affected by the transition;

Negotiate agreements at sectoral and company level to map the future evolution of skills needs and the creation of sectoral skills councils, using the ETUC guide on “Restructuring and collective competences” (2013) ;

At sectoral and workplace levels, extend the scope of collective bargaining to green transition issues to discuss the impact on employment and wages of the decarbonisation process and the impacts on skills needs and health and safety at work;

Establish dialogue with all relevant stakeholders and regional authorities to identify and manage the social impacts of climate policies;

In line with the ILO guidelines on a just transition , promote the establishment of adequate social protection systems based on the principles of universality, equal treatment and continuity, providing healthcare, income security and social services;

Encourage internal union capacity and increase members’ participation by developing and strengthening a network of  green representatives at the workplace level,  and involve workers in concrete actions aiming to reduce the environmental footprint of their company.

Proposed Environmental Bill of Rights includes whistleblowing protection for Alberta workers

Capping a series of related reports on the topic , the Alberta Environment Law Centre published  Environmental Rights in Alberta: An annotated Environmental Bill of Rights for Alberta  in March. The report consists  of model provisions for a statute, along with annotations providing background information.  Amongst the proposed provisions  is protection from reprisals for employees (Whistleblower protection) – which would expand protection from reprisals beyond the existing Alberta legislation, the Public Interest Disclosure (Whistleblower) Protection Act,  which protects government employees only.

To encourage broad public  participation on environmental issues, the report also addresses the issue of Strategic lawsuits against public participation (SLAPP suits) –  “A SLAPP suit is a claim for monetary damages against individuals who have dealt with a government body on an issue of public interest or concern. It is a meritless action filed by a plaintiff whose primary goal is not to win the case but rather to silence or intimidate citizens who have participated in proceedings regarding public policy or public decision making.”

boyd cover the rights of natureFrom the introduction:  “It should be noted at the outset that the Environmental Law Centre drew greatly from David Boyd’s enormous academic contributions in this area. In particular, his article Elements of an Effective Environmental Bill of Rights was an invaluable resource in designing our model EBR” .  Boyd’s most recent book is  The Rights of Nature: A Legal Revolution that Could Save the World (Toronto: 2017, ECW Press).