Environment Committee on June 18th, 2008

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Okay.

Getting back to if we were to do some oil sands development along the Alberta border in Saskatchewan, what would be the very first step, the very first part of the process as the application comes forward from the company?

[Steve Burgess]

I'm not sure if you've received a copy of the deck, but in the presentation there's an outline of the review process, which starts, really, at the formal stage of a review panel.

[The Chair, Conservative, Bob Mills]

Could you give us a page reference?

[Steve Burgess]

It's page 10.

Obviously, a project such as this doesn't come together overnight. A proponent does quite a bit of planning ahead of time, before even submitting an application to the regulators. Usually what will happen is that there will be communication between the proponent, the various regulators provincially, as well as the various departments federally to begin the process of shaping the environmental assessment, perhaps developing a rough work plan, and so on.

Then the first formal step in the process is normally the submission of a project description, which provides an understanding of the project as well as some of the key environmental issues that might arise as a result of the project.

From there, federally at least, we decide what relevant departments ought to be involved in the environmental assessment, either as decision-makers or in the provision of expert advice. Depending on the process—if it's a screening, it's one process; if it's a review panel, it's another process—usually what then happens is that the proponent is expected to produce an environmental impact statement or report that provides detailed information on the nature of the project, its environmental effects, and mitigation measures that are proposed to deal with the adverse effects. That would be used by the regulators, either provincially or federally, to make decisions as to whether or not the project should proceed.

[Maurice Vellacott, Conservative, Saskatoon—Wanuskewin, SK]

Will they have a consultant involved in that area who will do that for them? Will they have a consultant involved, a specific specialist?

[Steve Burgess]

Yes, normally they'll produce that report.

[The Chair, Conservative, Bob Mills]

Thank you, Mr. Vellacott.

Are there any requirements to have it translated into English? I've seen some of the proposals put forward. I mean, for the layman.... You say that the public is involved, but they're done by lawyers, and they're 800 pages long. For the average citizen to get involved at that point can be pretty darn tough. Do you have any requirements for putting those forward?

[Steve Chapman]

Typically we'd ask the proponents to prepare an executive summary outlining the main findings of the environmental assessment documentation. Certainly the agency also plays a key role, I think, in helping the public access information they require and helping them understand not only the process but the potential environmental impacts of a project, as well.

[The Chair, Conservative, Bob Mills]

Thank you.

We'll go to Mr. Bigras and then Mr. Jean.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Thank you, Mr. Chairman.

I would like you to provide me with some clarification about something you said earlier in answering Mr. Warawa's question. You indicated that the oil sands extraction projects had been subject to an environmental assessment since 2003. Is that what you said exactly?

[Steve Chapman]

I want to clarify that the first review panel struck to conduct an environmental assessment of an oil sands project was in 2003.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

When did the agency begin doing assessments?

[Steve Burgess]

I should point out that our staff and not the agency did the assessments.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

I understand that.

[Steve Burgess]

The Canadian Environmental Assessment Act came into force in 1995.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

And the first oil sands projects were assessed in 2003.

[Steve Burgess]

By the Commission.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Why are Quebec's hydro-electric projects subject to environmental assessments? The Toulnustouc hydro-electric project comes to mind, and it represents 526 megawatts of clean energy. It is acknowledged that, environmentally speaking, this is clean technology.

Moreover, this project reminds me a great deal about what occurred in 2001. From time to time I meet with people from Hydro-Quebec. They are not very pleased with the lead times and the number of questions imposed on them with respect to these projects.

The act was adopted on 1995 and the first oil sands extraction project was assessed in 2003. However, meanwhile, Hydro-Quebec has continued submitting clean energy hydro-electric projects.

Why do we have to conduct environmental assessments for these projects? Perhaps I am completely off base, but I would like somebody to explain why we have to do environmental assessments for hydro-electric projects but not for oil sands projects.

[Steve Burgess]

At the federal level, the triggers for the process constitute a very important factor. In the case of hydro-electric projects, the triggers reside primarily with Fisheries and Oceans Canada.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

There is also the Navigable Waters Protection Act.

[Steve Burgess]

Indeed. Just about every hydro-electric project has to be approved in accordance with the Fisheries Act or the Navigable Waters Protection Act.

In each case, there is a trigger and an assessment has to be conducted. With oil sands projects, there is no trigger for the situations, and that explains to a large extent why assessments are not done in every case.

Perhaps I should also describe the history of assessments on oil sands projects. Mr. Chapman could assist us.

[Steve Chapman]

That's correct. In some cases, there was a federal environmental assessment of a component of a project. We have the True North Energy project that was assessed. The assessment started in the year 2000, and that was a screening level of assessment for that particular project. So in fact we did have some environmental assessment responsibilities prior 2003 for some oil sands projects, but only a component of that particular project. It wasn't a full assessment of the entire project. It was some component that required federal authorization of that particular project.

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

If I've understood you correctly, you're saying that in some instances, between 2000 and 2003, an environmental assessment could have very well been conducted. There could have been a trigger, however, nothing was triggered. There were reasons for conducting environmental assessments between 2000 and 2003, but nothing was triggered. There were assessments for hydro-electric projects to enable Canada to comply with its commitments made in 1997, in Kyoto, but there wasn't any assessments done for projects related to the oil sands, which are contributing to a very global problem.

That is the way I understand it. Between 2000 and 2003, there were reasons for triggering an assessment, but this did not occur.

[Steve Burgess]

I should clarify that there were triggers. Assessments were conducted, but they focused on components of the projects, and not necessarily on the projects in their entirety.

[The Chair, Conservative, Bob Mills]

Mr. Bigras, just so you don't feel bad, initially the Province of Alberta was going to have me do a noise impact study for my solar panels. So it happens everywhere.

Mr. Jean.