Madam Speaker, this legislation is already 10 years old. The whole issue of environmental assessment deserves to be reviewed much more fully than it is in Bill C-9.
What happened is that an internal government study produced a bill dealing only with some aspects of the Canadian Environmental Assessment Act. A much more comprehensive assessment would have been required. It should have addressed fundamental questions like cumulative impact, which were raised repeatedly. To this day, 10 years after the act came into force, 99% of assessments take the form of screenings.
We need to determine how many steps ahead we are with Bill C-9. It must be recognized that the committee has done pretty consistent work, and worthwhile work. It has put forward proposals and amaendments that have certainly improved on the original bill.
Still, in what little time I have at my disposal, I would like to focus on considerations I think are critical to any environmental assessment bill.
I am talking about public participation, especially in screening, considering that most environmental assessments under the federal system take place as screenings; 99% do, amazingly enough. If we look at what has been happening, I think we will see that we have not reached the kinds of goals we wanted, first of all on screenings, if they have to be the majority of assessments. I hope that gradually we are going to move toward comprehensive assessments, which is what we have been asking for, to give more powers to the minister. The regulations could be published to give the minister all the powers he needs to declare comprehensive assessments instead of screenings that go from department to department, from the official of one department to the official of another department under the guise of environmental assessment.
I would like to quote what the Canadian Environmental Law Association proposed to the committee when it set out eight core elements that it felt should be the core elements in any system of law relating to environmental assessment. This is what the Environmental Law Association said in regard to core item No. 5:
The legislation must provide for a significant public role early and often in the planning process, and thus must contain provisions relating to public notice and comment, access to information, participant funding, and related procedural matters.
The committee had suggested that, first of all, screenings be part of any public participation and notice. It had also suggested that a period of 30 days be put in place before any screenings are made into decisions. The government has amended this at report stage. It has provided a two tier system, effectively, in regard to screenings. The idea was that we do not want to delay small projects such as little bridges and so forth. Really, it is a two tier system, part of which reduces the 30 days to 15 days.
But I would like to point out, because the parliamentary secretary spoke at length in this regard, that the whole of this provision is subject to subsection 18(3) of the law, whereby discretion is given to the government to decide whether or not public participation, notice and publication will be required. It is at the discretion of the responsible authority as to whether this happens or does not happen. It seems to me that this very case of discretion negates anything that we would want to do in favour of greater public participation. It seems to me that public participation is the key to everything.
I would like to comment on a case that happened in Federal Court on March 4, 2003. It is a very recent judgment by Mr. Justice Blais of the Federal Court. In the case of the Sierra Club of Canada v. the Attorney General of Canada, Mr. Justice Blais found that the Department of Fisheries and Oceans, DFO, provided an inadequate opportunity for the public to comment on the screening report relating to a proposal by Bounty Bay Shellfish Incorporated and 5M Aqua Farms Limited to establish mussel aquaculture in St. Ann's Harbour, Cape Breton, Nova Scotia. As a result, Justice Blais quashed DFO's approval of the project, ordering a reasonable period for review and comment on the screening report.
Justice Blais wrote:
After a reading of subsection 18(3) of the [Canadian Environmental Assessment Act], it seems clear to me that, once the responsible authority exercised its discretion--
I point out that he said “discretion”, which is still in the law.
--and determined that public participation was appropriate, it had an obligation to give the public an opportunity to examine and comment [on] not only the EIS, but also the screening report.
Such was not the case.
In fact, there was a ball game between Mr. Hominick and Ms. Donovan of DFO, which lasted a matter of days, between March 26 and April 3, 2002. Ms. Donovan, a very brief time after receiving a screening report from Mr. Hominick, decided to give approval of the project to the proponents.
Herein lies the whole question. First, should it be at the discretion of the authorities and the powers that be or should it be part of a compulsory obligation upon the ministry or agency to make sure that public participation, public awareness, public comment and public notice are part of the act? This is the question. One can say whether it is 15 or 30 days and whether small projects are different from big projects and arrange it accordingly, but if the discretion is left so that screenings, first of all, which are the great majority anyway, are not always subject to public transparency or a chance for the public to comment or to be given notice, then the whole case has to be reviewed. It is not satisfactory. Only full mandatory public participation will ensure that these screenings are done seriously.
What happens in every case that I have seen is that departments make these evaluations, one to the other. It has been commented on by the Commissioner of the Environment and Sustainable Development, who has said the process right now does not work.
In the minute that is left I would suggest that not only is a thorough evaluation of the present act, including this amendment to Bill C-9, required to bring environmental assessment a little step forward, bit by bit, clause by clause, but an overall evaluation is required to take in the whole principle of environmental assessment. Let us make it open to public participation, make it transparent and make it real.