Environmental Issues

Environmental regulation involves both assessment of environmental impact of projects prior to their approval and construction, and environmental audits while they are operational.

Environmental regulation can be extremely complex, involving a number of regulatory agencies at both federal and provincial levels. Fortunately, many of these agencies have signed agreements regarding interjurisdictional cooperation.

A case in point is the decision to substitute the NEB process for an environmental assessment by a review panel under the Canadian Environmental Assessment Act for the 145-kilometre (90-mile) pipeline from Saint John, New Brunswick to St. Stephen, New Brunswick proposed by Emera Brunswick Pipeline Company Ltd. The substitution provided a more efficient and effective application of the environmental assessment process by avoiding duplication while ensuring the public has opportunities to present its views to the NEB panel.

In general, environmental assessment is a process to predict the environmental effects of proposed initiatives before they are carried out.

An environmental assessment:

identifies possible environmental effects,
proposes measures to mitigate adverse effects, and
predicts whether there will be significant adverse environmental effects, even after the mitigation is implemented.

There are two main purposes of environmental assessment:

minimize or avoid adverse environmental effects before they occur, and
incorporate environmental factors into decision making.

Federal acts and regulations include:

Canadian Environmental Protection Act
Environmental protection plans involve all aspects of pipeline construction and operation:

site survey,
right-of-way clearing,
construction,
clean-up and restoration, and
maintenance of operating pipeline.

National Energy Board Act, Part III – Construction and Operation of Pipelines

Navigable Waters Protection Act

The Fisheries Act stipulates that the owner or occupier of any obstruction shall make such provision as the Minister determines to be necessary for the free passage of both ascending and descending migratory fish during the period of construction thereof.

The Onshore Pipeline Regulations stipulate that a company shall develop and implement an environmental protection program to anticipate, prevent, mitigate and manage conditions which have a potential to adversely affect the environment.

Canadian Oil and Gas Operations Act states that an authorization shall be subject to approvals determined by the National Energy Board, including requirements for conducting environmental programs or studies.

The Canadian Environmental Assessment Act, Regulations Prescribing Those Projects and Classes of Projects for which a Comprehensive Study is Required stipulates that the proposed construction of an oil and gas pipeline more than 75 kilometres in length on a new right-of-way requires an environmental impact assessment.

Other websites pertinent to the Canadian Environmental Assessment Act include:

Introduction and Features: Canadian Environmental Assessment
Basics of Environmental Assessment
Guidance Materials

Enforcement

Environment Canada administers two acts: the Canadian Environmental Protection Act (CEPA, 1999) and the pollution provisions of the Fisheries Act. Enforcement officers ensure compliance with the two acts and corresponding regulations. They are responsible for responding to tips and complaints, for conducting compliance inspections and for investigating cases of non-compliance.

Tips and complaints received by enforcement officers are assessed to determine if CEPA or the Fisheries Act applies. When appropriate, officers respond according to compliance and enforcement policies. Enforcement officers in the Prairie and Northern Region respond to more than 500 tips and complaints annually.

Inspections are conducted regularly to verify compliance with the acts and regulations. Regulations include: the control of specific chemicals such as PCBs and ozone-depleting substances, the international movement of hazardous waste and other controlled substances, pulp and paper, petroleum, mining and secondary lead industries, and the general pollution prevention provisions of the Fisheries Act. Enforcement officers in the region conduct over 1,000 inspections annually.

Investigations occur when there are known or potential violations of the CEPA,1999, Fisheries Act, or corresponding regulations. In cases where charges are laid, prosecutions are conducted by Department of Justice Canada.

British Columbia acts and regulations

Alberta acts and regulations

The Alberta Environmental Assessment Regulations stipulate that the construction of a pipeline with an index number (length in kilometres x diameter in millimetres) greater than 2690 must have an environmental impact assessment. For purposes of comparison, a pipeline 10 kilometres long with a diameter of 127 millimetres (5 inches) will have an index number of 1120 and would therefore be exempt; however, a 25 kilometre pipeline of the same diameter would have an index number of 2800 and would therefore require an environmental impact assessment.

The Alberta government has produced four documents regarding pipelines and environmental protection:

Saskatchewan acts and regulations

Ontario acts and regulation

New Brunswick acts and regulations

Nova Scotia acts and regulations

Newfoundland and Labrador acts and regulations