CARS GR staff conducted a review/analysis of the Impact Assessment Act as to how it may affect CARS membership.
Part 1:
What is the Bill about (summary):
The Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act (An Act respecting a federal process for impact assessments and the prevention of significant adverse environmental effects) received royal assent on 21 June 2019. Prior to becoming law, this Act received lots of adverse comments coming from the Provinces, oil industry etc concerning establishment of a new assessment process that has already generated strong criticism from industry representatives, environmental groups and Indigenous communities. For example, objections are being raised about the high degree of uncertainty and unpredictability arising from the numerous discretionary provisions in the Act. The Senate recommended significant amendments (based on comments and objections received from invested stakeholders) to the original text of the Act, which was disregarded by the Govrnment majority and passing the Bill. The Act, inter alia, provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability; prohibits proponents, subject to certain conditions, from carrying out a designated project if the designated project is likely to cause certain environmental, health, social or economic effects, unless the Minister ..., ....determines that those effects are in the public interest, taking into account the impacts on the rights of the Indigenous peoples of Canada, all effects that may be caused by the carrying out of the project, the extent to which the project contributes to sustainability and other factors; establishes a planning phase for a possible impact assessment of a designated project; establishes time limits with respect to the planning phase; provides for public participation and for funding; provides for cooperation with certain jurisdictions, including Indigenous governing bodies. The next installment (Part 2) will focus more on specific aspects of the Act's impact to CARS membership.