Canadian Lawyer

w w w . C A N A D I A N L a w y e r m a g . c o m A P R I L 2 0 1 8 47 hen the federal g o v e r n m e n t introduced leg- islation in Feb- ruary to rename and restructure the National Energy Board and create a new agency in charge of environmental assessments, it was not short on upbeat slogans to describe the changes. "Cleaner environment, stronger economy" was the description in a gov- ernment backgrounder about Bill C-69 when it was unveiled. "One project, one assessment" was another. The initial response to the changes, however — whether from Indigenous groups, the energy sector or environ- mental organizations — has not been nearly as positive about the new frame- work that is being proposed. "Disappointing everybody is not consensus building," says Sara Main- ville, a partner at Olthuis Kleer Town- shend LLP and a former chief of the Couchiching First Nation in northwest- ern Ontario. "As a government, it is try- ing to do too much. This leads to bad laws. It should instead have focused on a few key principles," she says. Sarah Powell of Davies Ward Phil- lips & Vineberg LLP in Toronto says there needs to be more clarity about what companies behind major energy projects will need to do in the future to receive government approval. "Propo- nents are not looking for an easy ride but a clear ride. On first blush, there is nothing here that will encourage invest- ment in Canada," says Powell, a partner in the firm's environmental, Indigenous and energy practice. The federal government's legislation creates the Impact Assessment Agency of Canada as the body responsible for assessments of major energy projects. It will work in co-operation with regula- tors such as the National Energy Board (to be renamed the Canadian Energy Regulator) and affected parties in this process. Among the stated principles of the bill are to "foster sustainability," ensure meaningful public participation, pro- mote "communication and co-opera- tion" with Indigenous peoples and for the process to be conducted in a timely manner. The reviews will be known as impact assessments, rather than environmental assessments, because they are to con- sider a broader range of factors includ- ing the health, social and economic impacts of a project. For assessments conducted by the agency, a final report must be issued within 300 days after it begins. Those that are deemed to require a review panel have 600 days to issue a report. Among the most significant changes from the existing framework are a new "public interest" test, greater govern- ment involvement in the early plan- L E G A L R E P O RT \ E N V I R O N M E N TA L L AW W KATY LEMAY Environmental overhaul Ottawa's new environmental regime is causing consternation from critics on all sides By Shannon Kari

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