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.

National Energy Board is a casualty of Canada’s new legislation for environmental assessment

On February 8, following 14 months of consultation and review, the Minister of Environment and Climate Change introduced the mammoth Bill C-69 An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts  . The government press release from Environment and Climate Change Canada highlights these talking points about the proposed legislation-  It will:  Restore public trust through increased public participation; Included transparent, science-based decisions; Achieve more comprehensive impact assessments by expanding the types of impacts studied to include health, social and economic impacts, as well as impacts on Indigenous Peoples, over the long-term. Also, it promises  “One project, one review” – through a new Impact Assessment Agency, (replacing the Canadian Environmental Assessment Agency) which will be the lead agency, working with a new Canadian Energy Regulator (replacing the National Energy Board), as well as the Canadian Nuclear Safety Commission and Offshore Boards.  Further, it will make decisions timely; Revise the project list; Protect water, fish and navigation ; and Increase funding.  The detailed government  explanation of the changes  is here ; other summaries appeared in the National Observer in “ McKenna unveils massive plan to overhaul Harper environmental regime”  ; “Ottawa to scrap National Energy Board, overhaul environmental assessment process for major projects”   in CBC News; and in the reaction by The Council of Canadians, which expresses reservations about the protection of navigable waters, and these “Quick Observations”:
“1- the current industry-friendly Calgary-based National Energy Board would be replaced by a proposed Calgary-based (and likely industry-friendly) Canadian Energy Regulator
2- it includes the ‘one project, one review’ principle as demanded by industry
3- assessments of major projects must be completed within two years, a ‘predictable timeline’ also demanded by industry
4- the bill notes the ‘traditional knowledge of the Indigenous Peoples of Canada’ but does not include the words ‘free, prior and informed consent’, a key principle of the United Nations Declaration on the Rights of Indigenous Peoples
5- McKenna said that no current projects (including the Kinder Morgan pipeline which crosses more than 1,300 water courses) would be sent back to ‘the starting line’
6- the government is seeking to implement the law by mid-2019.”

An overview of other reaction appears in   “New Federal Environmental Assessment Law Earns Praise from Climate Hawks, Cautious Acceptance from Fossils” from the Energy Mix.  Reaction from West Coast Environmental Law (WCEL) is here ; and from  Environmental Defence here .  The Canadian Environmental Law Association sees some forward progress but warns that “the Impact Assessment Act is marred by a number of serious flaws that must be fixed in the coming months.”    Reaction from the Pembina Institute says “Today’s legislation improves the federal assessment process by centralizing authority for impact assessment under a single agency; providing a broader set of criteria for assessing projects including impacts to social and health outcomes; and removing the limitations on public participation that were put in place in 2012…. Building on today’s legislation, we would like to see progress towards the establishment of an independent Canadian Energy Information Agency to ensure that project reviews include Paris Agreement-compliant supply and demand scenarios for coal, oil and gas.”

Companion legislation, also the product of the lengthy Environmental Regulation Review, was introduced on February 6, Bill C-68 An Act to amend the Fisheries Act and other Acts in consequence  (Press release is here ; there is also a Backgrounder comparing the old and new legislation). Most importantly, Bill C-68 restores a stronger protection of fish and fish habitat – the HADD provision – to the definition used before the 2012 amendments by the Harper government. (HADD = the harmful alteration, disruption or destruction of fish habitat).  Reaction is generally very favourable:   The David Suzuki Foundation says : “The most important changes we were looking for are part of these amendments” and West Coast Environmental Law says that the proposed legislation   “meets the mark”.  Reaction is also favourable from the Ecology Action Centre in Halifax . And from the Alberta Environmental Law Centre, some background in “Back to what we once HADD: Fisheries Act Amendments are Introduced” .

no consentAnd finally, where does the new environmental assessment process leave Canada’s Indigenous people?  The new legislation includes the creation of an Indigenous Advisory Committee and requires that an expert on Indigenous rights be included on the board of  the new Canadian Energy Regulator body, according to a CBC report, “Indigenous rights question remains in Ottawa’s planned environmental assessment overhaul” . Minister McKenna is also quoted as saying the government will “try really hard” to conform to the principles of the UN Declaration on the Rights of Indigenous Peoples   – a statement that is not satisfactory to some Indigenous leaders.    See “Indigenous consultation and environmental assessments” (Feb. 7)  in Policy Options for a discussion of the issue of “free, prior and informed consent”.  On February 7, Private member’s Bill C-262, an Act to Harmonize Canada’s Laws with the United Nations Declaration on the Rights of Indigenous Peoples passed 2nd reading in the House of Commons.

Activists celebrate as the Energy East Pipeline is cancelled

energy east mapOn October 5, TransCanada Pipelines issued a press release , announcing that it would no longer proceed with the proposed Energy East pipeline and Eastern Mainline projects.  Accordingly, the National Energy Board Hearing Process has been closed, although documents remain on its website.  Below is some of the reaction that has poured forth, including: “TransCanada terminates Energy East pipeline” and  “Disappointment and delight mark the end of Energy East Pipeline”  in the National Observer (Oct. 5); “Climate Hawks celebrate as TransCanada abandons Energy East pipeline” from Energy Mix.   The Council of Canadians had conducted a 5-year campaign against Energy East: their reactions and those of their allies appear in “WIN! Energy East tar sands pipeline defeated!”  ;  “Voices from the Energy East Resistance”  (Oct. 6)  and “Diverse Groups Opposed to Energy East Celebrate Project’s Cancellation” .  The common message is exemplified by Grand Chief Serge Simon of the Mohawk Council of Kanesatake on behalf of the 150 First Nations and Tribes who have signed the Treaty Alliance Against Tar Sands Expansion, who is quoted as saying: “Both the Northern Gateway fight and this Energy East one show that when First Nations stand together, supported by non-Indigenous allies, we win …. “So that’s two tar sands expanding mega-pipelines stopped in their tracks but it will be a hollow victory if either Kinder Morgan, Line 3 or Keystone XL are allowed to steamroll over Indigenous opposition and serve as an outlet for even more climate-killing tar sands production.”  (and for more on that, read “Energy East cancellation resonates for opponents of Trans Mountain expansion in B.C.”  in the National Observer.

Commentators trying to explain TransCanada’s decision focus on three principle reasons: the economics of falling oil prices, regional political forces, or the regulatory burden of pipeline approvals in Canada (especially since the Energy East review was  required to account for upstream and downstream emissions).  From the Globe and Mail, an editorial:  “The death of Energy East was a Business Decision – Swimming in Politics” , which attributes the decision to  Quebec opposition to Energy East, and the likely go-ahead of the Keystone XL pipeline in the U.S.  The Editorial states: “Mr. Trump appears to have solved most of the Canadian oil industry’s pipeline shortage, making Energy East no longer economically necessary. The American President…. has also temporarily solved one of the Trudeau government’s, and Canada’s, most challenging political problems.” For a view of the political dimensions within Canada, read  “Energy East pipeline is dead, fallout in Alberta will be measurable” in Rabble (Oct. 6) . Finally, three overviews of the issues:”Regulations alone didn’t sink the Energy East pipeline” by Warren Mabee,Queen’s University and ACW Co-Investigator in The Conversation (Oct. 15);  “Five Things you need to know about the Cancellation of the Energy East Oilsands Pipeline” from DeSmog Canada, and “Energy East’s cause of death: Business, politics or climate?“, from CBC News, which describes the regional differences via reaction from Canadian provincial premiers.

 

U.N. Working Group makes recommendations to protect human rights, labour rights in Canada

The United Nations Office of the High Commissioner for Human Rights released a  Statement at the end of visit to Canada by the United Nations Working Group on Business and Human Rights on June 1. This is a preliminary document – the official mission report will be presented to the 38th session of the Human Rights Council in June 2018, and should be worth watching for.  The preliminary Statement provides a summary of the results of fact-finding meetings with government officials, business organizations related to Canada’s mining and oil and gas industries, and Indigenous people. Most importantly, it makes a number of recommendations regarding human rights, labour rights, environmental and social impact consultation, and the right to consult for Indigenous people.

Some Highlights:

“Part of the backdrop to our visit were visible protests by indigenous communities to several large-scale development projects, such as the proposed expansion of the Trans Mountain oil pipeline, the construction a large-scale hydroelectric dam (Site C Dam), and continued expansion of development projects of extractives industries. Several of these cases have also been repeatedly raised by UN human rights human rights mechanisms, such as the situation of the Lubicon Cree Nation, whose territories are affected by extensive oil sands extraction. In several indigenous territories, extensive mining and oil and gas extraction are accompanied by significant adverse environmental impacts affecting the right to health.”

Regarding the established “duty to consult” with Indigenous people regarding mining projects, the Working Group encourages the Canadian government to ratify the ILO Convention No. 169 and for provincial and the federal government to promote more inclusive consultation regarding development projects.

The Working Group also urges the federal government to “follow up” on the April 2017 recommendations by the Expert Panel regarding Environmental Assessment in Building Common Ground: A New Vision for Impact Assessment in Canada  “to include indigenous peoples in decision-making at all stages through a collaborative process that is developed in partnership with impacted indigenous communities.”

Regarding the dam breach and tailings spill at the Mount Polley mine, the Working Group states: “We encourage the British Columbia government to complete expeditiously the impact study, continue to monitor closely the short-term and long-terms impacts of the tailings discharge, and communicate more widely their findings and proposed actions. Moreover, the provincial government should consult more broadly with indigenous communities who may have concerns about the breach and its impact on their lives. We also recommend the British Columbia government to consider establishing an independent body to assume compliance and monitoring of mining regulations, as recommended in the Auditor General’s report”.

Regarding the Westray Law, the Working Group states: “We heard concerns that the Westray law is not being properly implemented and enforced. We heard that there was a lack of coordination between key government parties, to secure sites of industrial accidents, for further investigation and inspection. We note that the Government of Alberta recently signed a new memorandum of understanding with ten police forces and Alberta Justice,  that defines protocols for notification, investigation and communication between departments when there is a serious workplace incident. Other provinces should follow Alberta’s lead”.

Regarding the need to protect the right to peaceful protest: “During our visit, we were told of the criminalization of peaceful protests and the use of security personnel and police to break up and arrest activists who were exercising their democratic right to protest against extractive projects both within and outside Canada. The government should work all relevant stakeholders to ensure more space for peaceful dissent and protest at home and abroad.”  And also: referring to Ontario and Quebec,  “we would encourage other provincial governments to develop similar Anti-SLAPP legislation. “

In conclusion: The Working Group revives a 2006 proposal for an Ombudsperson with a mandate to investigate allegations of business-related human rights abuse, and “we encourage the federal government to work together with provincial governments to develop a comprehensive national action plan on business and human rights. ”

For Oxfam Canada’s summary of the Working Group, see the Huffington Post article here , and here for the reaction of the Canadian Network on Corporate Accountability .

The Working Group Statement was also concerned with human rights abuses overseas by Canadian mining companies: see the analysis of the Working Group statement by Human Rights Watch here, or see “The ‘Canada Brand’: Violence and Canadian Mining Companies in Latin America“,  an extensive report in the Osgoode Law  Research Paper Series (December 2016).

Updates: British Columbia’s New Climate Bureaucrat and LNG

Activists in B.C. are dismayed by the March 22 appointment of the person who will lead B.C.’s upcoming Climate Leadership Plan: see  “Fazil Mihlar, former Fraser Institute director, tapped as B.C.’s Deputy Climate Minister”  in the National Observer. Despite widespread public opposition – especially from the local group My Sea to Sky –  the Woodfibre LNG project was awarded federal approval, with conditions, on March 18 .  And in what is seen as a serious test of Canada’s climate commitment ,  Federal Minister McKenna has delayed the decision on the Pacific Northwest LNG project ; see “ Tensions tighten as Ottawa Prepares Decision on Pacific Northwest LNG”   in the Globe and Mail  or “Decision time for Trudeau: Climate Commitments or LNG legacy” in the  National Observer.  See also the Policy Note from the Canadian Centre for Policy Alternatives, “B.C. government spin cycle on LNG”  (March 15),   summarizing the results of freedom of information requests regarding natural gas supplies, environmental impacts, and economic benefits of developing LNG.     On a more positive note, Premier Clark announced funding of $11.9 million from the Province’s Innovative Clean Energy (ICE) Fund for three programs aimed at promoting clean-energy vehicles, clean air and clean water.   Details of the Clean Energy Vehicle Program are here  .