The Harper government’s Bill C-38 and its changes to the Canadian Environmental Assessment Act are removing the requirement for a federal environmental assessment of several projects in the Shuswap.
Close to 500 projects in B.C., which are termed ‘small, low risk,’ will no longer be required to complete assessments, according to the Canadian Environmental Assessment Agency agency website. It notes that on July 6, the new Canadian Environmental Assessment Act 2012 came into force, replacing the Canadian Environmental Assessment Act.
In the Shuswap, those listed include: Willy’s Wharf on Shuswap Lake in Canoe; Old Town Bay Marina Resort construction on Shuswap Lake in Sicamous; West Beach Village Marina on Shuswap Lake near Lee Creek; a floating dock for boat moorage on Shuswap Lake in Shuswap Lake Park at Scotch Creek; a Sun Peaks access road in Chase; and a water supply and treatment upgrade in Chase.
In an email, spokesperson for the Canadian Environmental Assessment Agency, Isabelle Perrault, states that “under the Canadian Environmental Assessment Act, numerous small, routine projects that posed little or no risk to the environment were subject to formal federal environment assessment.”
“The new Canadian Environmental Assessment Act, 2012, (CEAA 2012) focuses reviews on those project proposals that have a greater potential for significant adverse environmental effects in areas of federal jurisdiction.”
“Screening-type environmental assessments of most projects ceased when the new act came into force to ensure resources are allocated to the review of major projects,” she wrote.
“The vast majority of these smaller projects were expected to have little or no adverse effects on the environment.”
She states that the projects will still be subject to relevant federal and provincial laws, regulations and standards.
“Furthermore, federal authorities must be satisfied that there will be no significant adverse environmental effects when these small, low-risk projects are on federal lands. CEAA 2012 sets out requirements for federal authorities to report annually to Parliament regarding this obligation.”
Regarding the provincial Riparian Areas Regulation, which directs developers to hire a Qualified Environmental Professional to determine how close a development can be built to a watercourse, Carl Bannister, Salmon Arm’s chief administrative officer, said the regulation remains in effect.
The changes to the federal act have sparked opposition, among them a group of more than 100 lawyers and law professors who wrote a public letter expressing their concerns just prior to the passing of Bill C-38.
They wrote: “Under the new act, the scope of environmental effects considered is greatly narrowed, fewer assessments are required, there is more discretion to exempt projects, and timelines are very short. Public participation rights are narrowed and no longer described in detail, leaving the public with no clear legally enforceable right to participate in environmental reviews.”
“The new CEAA also allows for weaker provincial assessments to replace federal assessments in many cases...” the lawyers wrote.
The information on assessments can be found at: http://www.ceaa.gc.ca/052/plus-eng.cfm.