Métis Nation and Environmental Assessment Métis Nation Special Sitting of the General Assembly March 19, 2017 | Vancouver, BC
Federal Environmental Reviews National Fish Habitat Energy Protection Board Environment Navigation al Protection Assessment Act Processes
Review of Environmental Assessment Processes
What is Environmental Assessment? Environmental assessment (“EA”) is a process to predict environmental effects of proposed initiatives before they are carried out so that negative effects can be avoided or minimized and positive effects maximized or enhanced.
Review of EA Processes On June 20, 2016, the Minister of Environment and Climate Change launched the EA review and consultation on draft Terms of Reference for an Expert Panel “We are here to act in the best interest of Canadians and restore their trust in environmental assessments. We will do this by working together to protect our environment. That’s how we will grow our economy for a clean, sustainable future for Canadians and their families.” - Minister McKenna Goal The goal of the review is to ensure that environmental assessment processes are robust, science/fact/ evidence based, protect our environment, respect the rights of Indigenous people, and support economic growth.
Expert Panel Johanne Doug Reneé Rod Northey Gélinas Horswill Pelletier Chair
CEAA 2012 Phases Conducting Planning • Canadian Nuclear Safety Decision and Follow Up • Determine whether an EA is Commission (CNSC) • decision on whether needed • National Energy Board project likely to have • What issues should be (NEB) significant adverse studied • Canadian Environmental effect • type of assessment required Assessment Agency • cabinet makes final (CEAA) decision if justified
E NVIRONMENTAL A SSESSMENT P ROCESS M ANAGED BY THE A GENCY Aboriginal consultation is integrated into the EA to the extent possible Government timeline of 365 days* EA Decision Analysis EA Report EA by the Agency • • • Minister determines Proponent submits EIS Agency prepares draft significance of EA Report • Government reviews environmental effects PD Review Determination of EA EA Commencement • EIS – public Public comment • (10 days) (up to 45 days) Cabinet decides if significant comment period period on draft • Agency issues NOC effects, if any, are justified EA Report • • Proponent submits PD 20-day public • Yes Proponent supplements • Public comment • comment • Minister issues EA Decision to Agency finalizes EA EIS as needed • period on draft Agency accepts PD period on PD Statement with enforceable EA Report EIS Guidelines conditions or • Agency determines • Minister refers project to whether EA is required Follow-up • EIS EA Report EA Decision Statement Agency requests more Review Panel if warranted information from (within 60 days of NOC) and • Agency issues Notice of proponent Determination • Agency issues final EIS Enforcement Guidelines to proponent EA Decision Analysis Review by Panel • Agency discusses cooperation with province • • • Minister determines Proponent submits EIS Minister appoints the Panel Project Description EIS Guidelines significance of • Government reviews No EA • Panel reviews EIS to environmental effects EIS – public determine sufficiency comment period • • Proceed with other federal Cabinet decides if – public comment period if EA by Review Panel significant effects, if any, decisions or approvals, if needed • Proponent supplements are justified required EIS as needed • Panel holds • Minister issues EA public hearing • Public comment period on Decision Statement with Panel Terms of • • EA: Environmental Assessment : Public Participation Opportunity Panel submits EA Report to enforceable conditions Reference • EIS: Environmental Impact Statement the Minister • PD: Project Description : Deliverable EIS EA Report EA Decision Statement • NOC: Notice of Commencement * With possibility of extension Timelines do not include time required by the proponent to provide information Government timeline of 24 months* May 2013 www.ceaa-acee.gc.ca
Duty to Consult • Canada consults with Indigenous peoples for many reasons: legal obligations o constitutional duty to consult o policy and good governance o • Government of Canada has a legal duty to consult with Indigenous Peoples about potential impacts to their Aboriginal and Treaty Rights from federal decisions, including EA decisions • Consultation is claimed to be “integrated into the EA process to the extent possible” and is coordinated by the Responsible Authority Funding Inadequate for staff, resources, independent studies and research initiatives ($10,5000 for CEAA EAs, $20,000 for Review Panel/Joint Review Panel EAs)
Decision Making Responsible Authority Decision Maker: Significance No significant effects Significant effects CNSC CNSC Project proceeds Cabinet decides NEB Cabinet Project proceeds Cabinet decides Minister of Environment and Climate CEAA Project proceeds Cabinet decides Change * Expert Panel Public Workshop Materials
Canada’s Commitments “No relationship is more important to me and to Canada than the one with Indigenous peoples. It is time for a renewed, nation-to-nation relationship with Indigenous peoples based on recognition of rights, respect, cooperation and partnership.” Justin Trudeau Prime Minister [Canada is] “now a full supporter of the Declaration without qualification. We intend nothing less than to adopt and implement the declaration in accordance with the Canadian Constitution.” Carolyn Bennett Minister of INAC
MNC Goals The goals of the environmental assessment should include: 1. Ensuring access to and maintenance of those traditional lifestyles and cultural practices of Indigenous peoples understood internationally to embody the unique perspectives of life itself, the core expression of the spiritual, cultural and personal relationship between human societies and the natural world and the languages, traditions and practices which reflect a way of life and a knowledge system that is ultimately sustainable and in keeping with the maintenance of the natural world; 2. Promotion of sustainable development 3. Promotion of respect for human and Indigenous rights and values beyond economic values and ensure inclusion of traditional knowledge in any assessment of environmental impact
Multi-Interest Advisory Committee MNC Canadian Environmental Network o o AFN West Coast Environmental Law (WCEL), BC o o ITK Mining Watch Canada, ON o o Centre québécois du droit de l’environnement o Canadian Association of Petroleum Producers (CQDE), QC o Canadian Energy Pipeline Association Green Action Centre, MB o o Canadian Electricity Association Environmental Coalition of Prince Edward o o Canadian Hydropower Association Island (ECO-PEI), PEI o Canadian Nuclear Association Academia (University of Waterloo) o o Mining Association of Canada o Canadian Construction Association Environment and Climate Change Canada o o Fisheries and Oceans Canada o Transport Canada o Natural Resources Canada o Indigenous and Northern Affairs Canada o Health Canada o
1. Overarching Layers of Engagement Different layers of engagement are essential to achieving the objectives of reconciliation, partnership, respect for Aboriginal and treaty rights, and implementation of the UNDRIP § Nation to Nation § Government to Government § Engagement to reach accommodation § Individual engagement
2. Federal Education on Métis Governance and Culture All federal (and where applicable provincial/territorial) governments, including their agencies, departments, relevant authorities, commissions, boards and other bodies, need a strong understanding of Indigenous Nations, including familiarity with each distinct Indigenous Nation’s government(s), laws and procedures In order for the reconciliation processes contemplated by the Mandate to have meaning and applicability, there must be a common understanding of Métis representation and identity within the meaning of Section 35 and related tenets of existing Canadian law regarding Métis Canada must immediately establish a program(s) to educate federal employees involved with Aboriginal- related matters about the history of Métis, Métis contributions to Canada, existing federal initiatives relating to Métis, Métis culture and traditions and Canadian law relating to Métis and their Section 35 rights
3. Negotiated Agreements Respected Where cooperative arrangements on EA matters have been established in modern treaties, land claims agreements, and/or self-government agreements, they should be fully implemented and respected, and not interfered with by imposing other federal EA legislation or additional processes
4. Government Prioritize Agreement prior to EA needs Where cooperative arrangements or Indigenous Nation jurisdiction on EA matters have not yet been established or recognized, the federal government should prioritize meaningful and respectful engagement with Indigenous Nations to reach such arrangements with the intention of achieving agreement in advance of EA needs that may arise. Engagement should occur through each Indigenous Nation’s distinct governance structure, including through National Representatives of Indigenous Governments and Organizations where appropriate.
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