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Environment committee  It's because of the way our federation works that the list won't work. Even if you had a list, you would still need a trigger; I mean, we have lists under the Canadian Environmental Assessment Act. Once something is triggered, you can then look at the exclusion list to see if it'

November 15th, 2011Committee meeting

Prof. Arlene Kwasniak

Environment committee  Thank you, Jeff. In a lot of the issues that have been discussed is the fact that you do have multi-triggering and that is a problem with the coordination within the federal family. I know the idea of perhaps replacing self-assessment with some other mechanism, such as extending

November 15th, 2011Committee meeting

Prof. Arlene Kwasniak

Environment committee  If I'm not mistaken, I think Mr. Barnes did suggest that you would still need something much like a trigger in order to get the federal government involved in a project, unless it's a project that's totally on federal land or is totally under federal jurisdiction. You will need s

November 15th, 2011Committee meeting

Prof. Arlene Kwasniak

Environment committee  Yes, I believe it should be legislated. I think we should have strategic environmental assessment. It is already partially legislated, but it's very limited the way it is legislated right now. I think it should certainly be opened up. There should be more provincial-federal t

November 15th, 2011Committee meeting

Prof. Arlene Kwasniak

Environment committee  So you're asking about facilitating more coordination.

November 15th, 2011Committee meeting

Prof. Arlene Kwasniak

Environment committee  That might be difficult, actually.

November 15th, 2011Committee meeting

Prof. Arlene Kwasniak

Environment committee  Thank you very much. There's one thing I'd like to thank my colleagues at the table for, and that is for the most part, I think, properly using the terms “overlap” and “duplication”. Overlap is something that our constitution has. It's just the way it is. Duplication is somethi

November 15th, 2011Committee meeting

Prof. Arlene Kwasniak

Environment committee  Yes, absolutely.

November 15th, 2011Committee meeting

Prof. Arlene Kwasniak

Environment committee  Thank you. First I wish to thank you for the invitation to address this committee. I am happy and honoured to be here. What happens to the CEAA as a result of this committee's deliberations will strongly influence the kind of federation we in fact have in Canada and the kind

November 15th, 2011Committee meeting

Professor Arlene Kwasniak

Environment committee  No. Under the Alberta Water Act, there is no right of the government to expropriate a licence. What they could do is declare an emergency, if there truly was an emergency. But that's a rather radical power, and the courts will not allow that kind of power, or at least not allow i

May 13th, 2009Committee meeting

Arlene Kwasniak

Environment committee  The framework is completely voluntary for everyone. Of course, that worries me greatly, because the provincial government is hanging, and so is the federal government hanging, so much on it. Those in-stream flows are only going to be protected if this voluntary arrangement stays

May 13th, 2009Committee meeting

Arlene Kwasniak

Environment committee  I don't think it should be, because the Department of Fisheries and Oceans recently issued a policy stating that the HADD provisions do apply to pre-1977 structures and frameworks. By extension, then, they should apply to pre-1977 water licences as well.

May 13th, 2009Committee meeting

Arlene Kwasniak

Environment committee  It would be an amendment to the framework, in the phase two.

May 13th, 2009Committee meeting

Arlene Kwasniak

Environment committee  Yes. In the United States the wetlands are governed by the Army Corps of Engineers. It's their job to protect wetlands. Generally in the United States there's more federal jurisdiction over water. Even though water quantity is state, water quality is generally federal. I thin

May 13th, 2009Committee meeting

Arlene Kwasniak

Environment committee  Yes, but with SARA it would be very limited to species at risk. Certainly recovery plans under SARA would be one way to protect the wetlands.

May 13th, 2009Committee meeting

Arlene Kwasniak