Mr. Speaker, we are very aware of the passion and concern that has been raised by the member for Acadie—Bathurst.
What I will attempt to do is to illustrate the context, once again, with respect to why this application has been made and then to deal specifically with the member's question.
As members will know, Bennett applied under the New Brunswick environmental assessment process. Environment Canada participated on the technical review committee and provided advice to New Brunswick during the provincial environmental assessment.
On January 17, 2003, the hon. Kim Jardine, former minister of the environment for New Brunswick, conditionally released the project from further environmental assessment, and on September 9, 2003, the Government of New Brunswick granted a conditional authorization to construct the project.
Prior to commercial operation of this facility, however, the company must obtain an authorization to operate the facility from the New Brunswick government. The province has indicated that it will only grant the approval to operate after a public review period under the Clean Air Act lasting at least 120 days. The public review period is expected to start in November 2003. I stress that because it is a provincial process.
The member opposite wishes the Minister of the Environment to intervene in this process and require an environmental assessment pursuant to the Canadian Environmental Assessment Act.
Officials in the Canadian Environmental Assessment Agency have investigated the applicability of the act in this case and have advised the Minister of the Environment that there are no federal decisions required with respect to this project that would require an assessment under the act.
Agency officials have also reviewed the applicability of the act in a transboundary context, and this is important. The transboundary provisions of the act provide the Minister of the Environment with the authority to refer a project to a review panel or a mediator where a project may cause significant adverse environmental effects in another country, another province or on federal lands.
On October 21, officials from the Canadian Environmental Assessment Agency and Environmental Canada met with representatives of the coalition opposed to the project at which time a petition was submitted requesting the Minister of the Environment to refer the project to a review panel pursuant to section 46 of the act. The agency has determined that the petition is valid and has initiated an investigation on a priority basis to determine whether there is sufficient evidence to warrant referral of the project to a review panel or a mediator, or another means of conducting an assessment, as provided for in the transboundary provisions.
In conducting its investigation, the agency will consult with scientific experts from other departments, including Environment Canada, Fisheries and Oceans Canada and Health Canada. As a matter of standard practice, the agency will provide an opportunity to the petitioners and the proponent to review and comment on the report produced as a result of the investigation prior to making a recommendation to the minister with respect to the appropriate course of action in this case.
This is very much an action that is in progress. We are looking at the results that will come back at this point from the agency's officials and then the minister will advise the various parties as to what action he is prepared to take under the transboundary provisions of the Environmental Assessment Act.