Mr. Speaker, I will make some very brief comments on the first group of amendments on the review process.
The Canadian Environmental Assessment Act is undergoing a mandatory review. The CEA process itself is to ensure that the impact of projects under federal government decision making authority are properly assessed. The act was first passed by the Conservative government in June 1992 but only came into proclamation in 1995.
The review leading up to Bill C-9 was launched in 1999 and it was conducted by CEA. The review entailed the commissioning of background papers, consultations with interest groups, specialized work groups, a parallel consultation process with aboriginal organizations, consultations with provinces and with federal departments and agencies. The amendments proposed in Bill C-9 are based on the consideration of the views presented during that consultative phase.
The stark problem with that process is the fact that the Minister of the Environment, prior to reviewing this act, had the sole authority to determine which aspects of the act needed to be reviewed. The scope of what we are actually discussing is only a very small section of the act in general.
Some amendments in Group No. 1 deal with the timing of environmental assessments. A second group of amendments also are encompassed in the Group No. 1 motions which deal with minor technical changes, including amendments to ensure proper concordance between French and English. The third group of amendments deal with the machinery of government and the agency's role to ensure that we have compliance of the act itself.
I would like to speak primarily to Motions Nos. 12, 15, 17 and 21.
The standing committee passed an amendment stating that no decisions under the Canadian Environmental Assessment Act, including environmental assessment decisions, could be taken until 30 days after the posting of the last document on the Internet site of the Canadian Environmental Assessment Registry.
There are those who believe this amendment would create significant delays because the 30 day period was not tied to a specific point in time. The time clock would restart with each posting of each new document. In addition, there are those who believe having a 30 day requirement for all projects does not recognize the difference between relatively small screening levels of assessments and assessments that are conducted through a comprehensive study, mediation or a panel review.
The government has proposed amendments to clause 12 so that decisions for simple screenings could occur 15 days after the notice of commencement and a description of the scope of the project has been posted on the Internet site. For more complex screenings with public participation, decisions could only occur 15 days after the scope of assessment or description of how to obtain it has been posted on the Internet site.
There are some missed opportunities here. Fifteen days is simply too short. Posted documents are only notification of commencement of an environmental assessment. We will not know what pieces of information on which the assessment itself will be based. The government will not be posting documents that are relevant to the final decision of the environmental assessment. A 30 day requirement is applied in other jurisdictions, such as the provinces, without bringing the process to a standstill.
The government of Ernie Eves, formerly that of Mike Harris, has a 30 day requirement on environmental assessment. I do not think business is coming to a standstill in that province. I think most members in the chamber would understand that the Ontario government is definitely pro-business.
I do not know why the Liberal government wants to be less environmentally friendly by having a further restriction by pulling it back to 15 days from 30 days.
I am sure, Mr. Speaker, you are aware as a veteran of this chamber, that 99% of all environmental assessments are done under screenings. That means that 99% of all environmental assessments will only have a short 15 day window to have any public consultation or intervention and we would still not know what tool kit the government utilizes when it formulates its assessment in general.
For comprehensive studies, the government motion would create a minimum 30 day period between the public release on the Internet site of the comprehensive study report and the minister's environmental assessment decision. The text of the proposed amendment refers to other documents that must be included on the Internet site before decisions can be taken, such as a notice of commencement and the scoping information. There are some missed opportunities here. The government did not make any changes to this. However remember, going back to the screenings, that 99% of all EAs are performed through screenings, not comprehensive studies.
The approach it has taken on comprehensive studies would be a more prudent one if it were adopted for the screening process. I do not believe it would bring the process to a complete standstill in terms of environmental assessment. If the provinces want to provide more flexibility in 30 days, I do not see why the federal government would want to have such a restrictive and less permissive system for public input. We should have a bit more transparency.
Those are the amendments we are reviewing. To be fair to the government, this is an improvement over the current act but it is a pull back from what the committee did. It has not gut it to the same degree as we have seen in other approaches, such as amendments that were reversed under the Canadian Environmental Protection Act, CEPA, or the species at risk legislation.
There was a bit of moderation in this reversal by the government. I give the officials and the minister some credit for at least having some flexibility. However there is a missed opportunity which the Government of Canada could have had by providing more flexibility. If the provinces can provide 30 days for public input, why can the federal government not provide 30 days as opposed to 15?