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Bill C-38: The Environmental Destruction Act


On May 10th, Elizabeth May (Member of Parliament and Leader of the Green Party of Canada) wrote an opinion piece about the federal government’s omnibus budget bill, Bill C-38.  According to May, our government is betting that the general public does not learn about what is in this bill.  That would explain why there was no major announcement for the bill, the bill has been fast-tracked through the finance committee and debate about the bill in the house of commons has already been limited.

However, the debate needs to happen and Canadians need to know what this bill really is about because this “budget bill” amends or overhauls 70 existing pieces of legislation, something that has never been done before in Canada.

Canadians need to know what this is all about and they need to speak to their elected officials about it as well.

Below is a summary (by Elizabeth May) of the changes to environmental laws that are part of bill C-38.

Canadian Environmental Assessment Act ditched. Repealed and replaced with a completely new act. “Environmental effects” under the new CEAA will be limited to effects on fish, aquatic species under the Species at Risk Act, migratory birds. A broader view of impacts is limited to federal lands, Aboriginal peoples, and changes to the environment “directly linked or necessarily incidental” to federal approval.

Canadian Environmental Assessment Agency seriously weakened. The agency will have 45 days after receiving an application to decide if an assessment is required. Environmental assessments are no longer required for projects involving federal money. The minister is given wide discretion to decide. New “substitution” rules allow Ottawa to download EAs to the provinces; “comprehensive” studies are eliminated. Cabinet will be able to over-rule decisions. A retroactive section sets the clock at July 2010 for existing projects.

Canadian Environmental Protection Act undercut. The present one-year limit to permits for disposing waste at sea can now be renewed four times. The three and five-year time limits protecting species at risk from industrial harm will now be open-ended.

Kyoto Protocol Implementation Act killed. This legislation, which required government accountability and results reporting on climate change policies, is being repealed.

Fisheries Act seriously weakened. Fish habitat provisions will be changed to protect only fish of “commercial, Aboriginal, and recreational” value and even those habitat protections are weakened. The new provisions create an incentive to drain a lake and kill all the fish, if not in a fishery, in order to fill a dry hole with mining tailings.

Navigable Waters Protection Act hampered. Pipelines and power lines will be exempt from the provisions of this act. Also, the National Energy Board absorbs the Navigable Waters Protection Act (NWPA) whenever a pipeline crosses navigable waters. The NWPA is amended to say a pipeline is not a “work” within that act.

Energy Board Act neutered. National Energy Board reviews will be limited to two years — and then its decisions can be reversed by the cabinet, including the present Northern Gateway Pipeline review.

Species at Risk Act hamstrung. This is being amended to exempt the National Energy Board from having to impose conditions to protect critical habitat on projects it approves. Also, companies won’t have to renew permits on projects threatening critical habitat.

Parks Canada Agency Act trimmed, staff cut. Reporting requirements are being reduced, including the annual report. Six hundred and thirty eight of the nearly 3,000 Parks Canada workers will be cut. Environmental monitoring and ecological restoration in the Gulf Islands National Park are being cut.

Canadian Oil and Gas Operations Act made more industry friendly. This will be changed to exempt pipelines from the Navigational Waters Act.

Coasting Trade Act made more offshore drilling friendly. This will be changed to promote seismic testing allowing increased off-shore drilling.

Nuclear Safety Control Act undermined. Environmental assessments will be moved to the Canadian Nuclear Safety Commission, which is a licensing body not an assessing body — so there is a built-in conflict.

Canada Seeds Act inspections privatized. This is being revamped so the job of inspecting seed crops is transferred from Canadian Food Inspection Agency inspectors to “authorized service providers,” the private sector.

Agriculture affected. Under the Prairie Farm Rehabilitation Act, publicly-owned grasslands have acted as community pastures under federal management, leasing grazing rights to farmers so they could devote their good land to crops, not livestock. This will end. Also, the Centre for Plant Health in Sidney, B.C., an important site for quarantine and virus-testing on plant stock strategically located across the Salish Sea to protect B.C.’s primary agricultural regions, will be moved to the heart of B.C.’s fruit and wine industries.

National Round Table on the Environment and the Economy killed. The NRTEE brought industry leaders, environmentalists, First Nations, labour, and policy makers together to provide non-partisan research and advice on federal policies. Its demise will leave a policy vacuum in relation to Canada’s economic development.

More attacks on environmental groups funded. The charities sections now preclude gifts which may result in political activity. The $8 million new money to harass charities is unjustified.

Water programs cut. Environment Canada is cutting several water-related programs and others will be cut severely, including some aimed at promoting or monitoring water-use efficiency.

Wastewater survey cut. The Municipal Water and Wastewater Survey, the only national study of water consumption habits, is being cut after being in place since 1983.

Monitoring effluent cut. Environment Canada’s Environmental Effects Monitoring Program, a systematic method for measuring the quality of effluent discharge, including from mines and pulp mills, will be cut by 20 per cent.




6 Comments leave one →
  1. 2012/05/14 2:53 am

    High time you guys got together and agreed that Canada should be renamend Mordor, methinks…

  2. Martin Lack permalink
    2012/05/14 5:45 am

    “Environmental Destruction Bill” is good, but speaks only of (presumably unintended) consequences. I think it might be better to call it the “Tragedy of the Commons Bill” as this speaks of the short-sighted motives and the inevitable consequences of giving everybody the freedom to pursue their own interests (and removing any incentive to exercise collective restraint). As in the following:
    “Ruin is the destination toward which all men rush, each pursuing his own best interest in a society that believes in the freedom of the commons. Freedom in a commons brings ruin to all.”
    Hardin, G. (1968), ‘The Tragedy of the Commons’, Science, 162 (3859) pp.1243-1248.

    • 2012/05/14 6:02 pm

      Really interesting article. Thank you for the link.

      • Martin Lack permalink
        2012/05/14 6:15 pm

        18 months ago I had not heard of it or Garrett Hardin either. Now, I think it is right up there with the Apollo 8 Earthrise photograph as one of the most important events in the history of environmental awareness.

  3. 2012/05/19 12:40 pm

    Thanks for this summary (in all its awfulness).

    • 2012/05/19 8:12 pm

      I know. It’s so nasty.

      I actually spoke to my local MP this morning about it. He seemed to understand how I felt and shared my frustrations. Although, how much of that is him just being a politician?

      Unfortunately, there doesn’t seem to be much that can be done to stop the budget from being adopted…

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