Evidence of meeting #6 for Natural Resources in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was project.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Helen Cutts  Vice-President, Policy Development Sector, Canadian Environmental Assessment Agency
John McCauley  Director, Legislative and Regulatory Affairs, Canadian Environmental Assessment Agency
Michael Hudson  Deputy Assistant Deputy Attorney General, Department of Justice
Joanne Kellerman  General Counsel, Legal Services, Department of Natural Resources

3:55 p.m.

NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Up to...?

3:55 p.m.

Director, Legislative and Regulatory Affairs, Canadian Environmental Assessment Agency

John McCauley

Up to 2009, I believe.

3:55 p.m.

NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

That's not so long ago; 2009 is quite recent.

3:55 p.m.

Director, Legislative and Regulatory Affairs, Canadian Environmental Assessment Agency

3:55 p.m.

NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

We have talked about the way in which the Canadian Environmental Assessment Agency operates in Yukon, in Nunavut and so on. What agreements are in place for the little section of Quebec that is north of 60? How does that work?

3:55 p.m.

Vice-President, Policy Development Sector, Canadian Environmental Assessment Agency

Helen Cutts

In northern Quebec there is a James Bay agreement based on a land claim. There is a federal coordinator, and we work with the organization in the north to do environmental assessments. Our organization has a headquarters base and it has offices in Quebec, and our Quebec folks work to achieve those objectives.

3:55 p.m.

NDP

François Lapointe NDP Montmagny—L'Islet—Kamouraska—Rivière-du-Loup, QC

Thank you for those clarifications.

3:55 p.m.

NDP

The Vice-Chair NDP Claude Gravelle

Thank you, M. Lapointe.

It's now time for Ms. Murray.

3:55 p.m.

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Thank you.

Thanks for your testimony today. I'd like to ask a few questions to better understand the review panel process and some of the distinctions between that and the comprehensive study. I'm going to use the example of a specific panel, and that's the Northern Gateway Pipelines panel that's happening right now. Who's the responsible authority for that project?

3:55 p.m.

Vice-President, Policy Development Sector, Canadian Environmental Assessment Agency

Helen Cutts

It's the National Energy Board.

3:55 p.m.

Director, Legislative and Regulatory Affairs, Canadian Environmental Assessment Agency

John McCauley

There is a number of them. The National Energy Board is one of the responsible authorities. The Department of Fisheries and Oceans and Transport Canada are also involved.

3:55 p.m.

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

So the primary one is the National Energy Board.

3:55 p.m.

Director, Legislative and Regulatory Affairs, Canadian Environmental Assessment Agency

John McCauley

That's correct.

3:55 p.m.

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

I understand that panellists for a review panel are selected by the Minister of the Environment. In this case, are they selected by the National Energy Board?

3:55 p.m.

Director, Legislative and Regulatory Affairs, Canadian Environmental Assessment Agency

John McCauley

This is a joint review panel, so it's established jointly with the National Energy Board. There's an agreement that describes the relative responsibilities for appointing members. I believe in this case the minister appointed one member, the National Energy Board appointed the second member, and they both appointed the chair.

3:55 p.m.

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

I was taken by the comment that these review panels have an independent group of panellists. But in this case we have three and the minister had a hand in two of them, so it's kind of a political appointment.

3:55 p.m.

Director, Legislative and Regulatory Affairs, Canadian Environmental Assessment Agency

John McCauley

The act requires that panellists be free of bias and have a background relative to the environmental effects that are expected from the project. So they have to have expertise relative to the project.

3:55 p.m.

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

In how many cases has a review panel initiated by the National Energy Board actually recommended against a project as opposed to approving it?

3:55 p.m.

Vice-President, Policy Development Sector, Canadian Environmental Assessment Agency

Helen Cutts

I don't have those statistics with me. I can say that--

3:55 p.m.

Conservative

David Anderson Conservative Cypress Hills—Grasslands, SK

I have a point of order.

These folks are not from the National Energy Board. We're going to have them in later, and a question specific to them should probably be kept until that time. We can't expect these folks to answer questions about the National Energy Board.

3:55 p.m.

NDP

The Vice-Chair NDP Claude Gravelle

Well, if the member from the Liberal Party wants to ask those questions, all the witnesses have to say is that they can't answer them.

3:55 p.m.

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

The witnesses are from CEAA, which is a partner in this joint review panel, so I think it's a reasonable question.

My understanding is that something like 98% of the studies or the panel projects have been approved, but I haven't verified that number. I wonder if you could let the committee know what the number is when you've researched it.

I'm also interested in the comprehensive study. When you talk about a “thick document”, it sounds as if there's quite a bit of research going into it. There may be several annual cycles of wildlife impacts. With a panel, however, it seems to be more the public involvement that's expressed. Does a review panel have a similar level of scientific assessment of the potential impacts of a project, in comparison with a comprehensive study?

4 p.m.

Director, Legislative and Regulatory Affairs, Canadian Environmental Assessment Agency

John McCauley

The factors that go into the environmental assessment are exactly the same in a comprehensive study and a review panel. Each would involve the same level of scientific analysis.

4 p.m.

Vice-President, Policy Development Sector, Canadian Environmental Assessment Agency

Helen Cutts

The same scientists would be participating in both occasions. For example, if there was information required about migratory birds, then the experts at Environment Canada would be feeding it into the comprehensive study process. If it was an independent panel that was carrying out the work, in their panel hearings they would ask the Environment Canada scientists to appear.

4 p.m.

Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Is it the panellists who determine just how much research is needed to reach a conclusion?