Okay. Thank you. I wasn't expecting to go first, but here we go.
Thank you for this opportunity to connect remotely. I represent the Alberta Wilderness Association, which is the oldest conservation organization in Alberta, dating back to 1965. We promote wilderness, wild lands, and ecosystem protection generally, so of course environmental assessment is very important to us.
We'd like to stress the importance of strong, effective, federal environmental assessment in Canada. The federal government has exclusive constitutional legislative jurisdiction over a number of heads, including our fisheries, navigation, oceans, and others. If the federal government doesn't appropriately assess projects that impact these heads of power, no other level of government can constitutionally do it. So it's really important that the federal government keep its very strong role in environmental assessment.
I'd like to say that what is happening now in Bill C-9 and some other events that preceded it in the last couple of years is defying a long tradition of legislative requirements and general comprehensive consultation for the CEAA and its regulations and policy.
I'd like to highlight a couple of things, and they're all set out in my brief. The CEAA took five years to develop. Obviously the government considered it to be very important legislation that impacted people, the environment, and the whole face of Canada. That is why it had such extensive consultation. The government formed the regulatory advisory committee, which advises the federal minister on CEAA matters. It was very instrumental in developing the key regulations under the CEAA, and has worked for several years to assist the government in the development of regulations and policy.
The first five-year review took three years, because it took that long to make sure the act was properly reviewed. The second review is scheduled to happen later this year. The act itself requires a comprehensive, substantive review of the provisions of the act.
I would like to suggest that there has been a recent demise in consultations having to do with the CEAA and an avoidance of the legislative requirement for consultations for substantive changes. This is very clear in the budget implementation bill of 2010.
In my brief I lay out a number of events prior to this budget bill, but I'm going to leave it to you to look at them, because I certainly don't have the time in these five minutes. I want to go right to the budget bill itself, because a number of destructive substantive changes to CEAA are buried in this bill.
For example, proposed section 15.1 would give the environment minister the right to slice and dice projects so that only one component was assessed. This provision completely undermines the potential application of the act and could result in significant environmental impacts not being assessed and mitigated. It will certainly diminish public participation. It also overrides a recent Supreme Court of Canada case that says a project is a project is a project, and the CEAA requires the assessment of projects, and not bits and pieces of them.
Finally, this provision opens the door for uneven and unfair application of the CEAA. There are no statutory conditions governing the exercise of the minister's discretion, except that the minister must set some conditions, whatever they might be. So I think that all interested persons, including regulated industry, should be very concerned about this.
There are also provisions that exempt most Building Canada plan projects from environmental assessment. These provisions, which are currently in the exclusion list regulation, have been challenged by the Sierra Club of Canada. Curiously, this bill purports to put these exclusions in the act, making that part of the challenge moot.
The exclusion list regulation can only, by the act itself, include projects that are known to have insignificant environmental effects. It's clear that this list of Building Canada plan projects could have any range of environmental impacts, so they certainly don't belong in the exclusion list legislation.
The addition to the act gets around that problem, but what it also does is completely undermine the logic and coherence of the CEAA. The CEAA requires that a project that triggers the act because there's a federal interest in the project be assessed no matter what its environmental impacts are, unless it's on the exclusion list. Putting this exemption in the act completely undermines that. Also under the act, the level of assessment depends upon the level of environmental impacts.
I'm done?