Sacrificing the Environment: Effects of the Canadian Environment Assessment Act 2012 on The Enbridge Pipeline 9B Reversal

By Wills Tobin,

Formerly, Enbridge pipeline 9B sent oil from Montreal, Quebec to Sarnia, Ontario. An approval on March 6, 2014 has allowed Enbridge Pipelines to reverse oil direction and capacity towards Montreal, QC. The National Energy Board’s approval is a fundamental example of the extent to which EIA processes in Canada have eroded because of the Bill C-38 adoption in June 2012. More insight on this:

In bill C-38, The Environmental Assessment Act (CEAA 2012) changed drastically. The Energy Policy Institute of Canada (EPIC) facilitated changes in the act through lobbying representatives and members of Government (Forest Ethics, 2013). The EPIC mandate is to “…provide the foundations…for energy and environmental policy”(Forest Ethics, 2013, p. 1). As the conservative Government argued that the CEAA 2012 amendment was simply to streamline and reduce duplication, the effects of legislation have been negatively influential on the line 9B project (EPIC, 2012).

Scoping Line 9B

Due to the CEAA 2012, in the Line 9B reversal, The NEB (National Energy Board) stated that it would not consider environmental or socio-economic effects not directly associated with the reversal of the pipeline (Forest Ethics, 2013; David Suzuki Foundation, 2012; Gage, 2012). This has had a negative effect on the scope of the project. Scoping is critical because its purpose is to identify scientific and public core values so indirect and cumulative impacts are not over-looked, especially when it comes to major oil and gas infrastructure, which should always require comprehensive studies (Noble, 2010).

Monitoring Line 9B

According to Forest Ethics (2013), “once a decision is made for a given project, the NEB will not revoke permits, even if subsequent analyses show adverse environmental effects (p. 7).” The NEB also stated that monitoring should only have to be done at the beginning of the EIA process and not require continued follow-ups (NEB, 2013). The pipeline is 38 years old and it is worrisome that it may rupture if its carrying capacity is increased. There is a fear about pre- and post-, consistent monitoring, as knowledge of bitumen effects on the environment is limited and therefore less capable of being mitigated (CTV News, 2014). See video for more details:

Public Participation Line 9B

Most importantly, public participation now only includes people “directly effected”. (David Suzuki Foundation 2012; Gage 2012; Forest Ethics, 2013) As a result, compared to the Enbridge Northern Gateway Project (11,111 public participants), Enbridge line 9B only had 172 participants (Forest Ethics, 2013). This legislation has meant the loss of democracy in Canadian EIA. This is most important because participant input as to what is important in EIA has formerly always been taken into consideration. Keep in mind that what constitutes an impact or effect is frequently defined by social value. This diminution of public participation also defeats the purpose of important cornerstones in the development of EIA in Canada, like the signing of the Rio Declaration in 1992, the UN global environmental assessment agreement (UNEP, 1992). The effects of the CEAA 2012 have had repercussions that need to be noticed and hopefully acted upon very soon.

References

Canadian Environmental Law Association. (2014). Retrieved from: http://www.cela.ca/blog/2013-08-13/ontario’s-greenhouse-gas-reduction-program-–-carbon-tax.

CBC News. (2014). Enbridge Line 9 pipeline reversal approved by energy board. Retrieved from: http://www.cbc.ca/news/canada/montreal/enbridge-line-9-pipeline-reversal-approved-by-energy-board-1.2562169

CTV News. (2014). Leonardo DiCaprio visits Alberta oilsands to research documentary. Retrieved from://www.ctvnews.ca/entertainment/leonardo-dicaprio-visits-alberta-oilsands-to-research-documentary-1.1971656.

David Suzuki Foundation. (2012). Bill C-38: What you need to know. Retrieved from: http://www.davidsuzuki.org/publications/downloads/2012/C-38%20factsheet.pdf

Energy Policy Institute of Canada. (2012). A Canadian Energy Strategy Framework: A guide to building Canada’s future as a global energy leader. Retrieved from: http://www.canadasenergy.ca/canadian-energy-strategy/

Environment Canada. (2014). Retrieved from: http://www.ec.gc.ca/ges-ghg/donnees-data/index.cfm?do=province&lang=En&year=2012.

ForestEthics Advocacy. (2013). Who writes the rules? A Report on Oil Industry Influence, Government Laws, and the corrosion of Public Process.

Gage, A. (2012). Who is silenced under Canada’s new environmental assessment law? West Coast Environmental Law. Retrieved from: wcel.org/resources/environmental-law-alert/who-silenced-under-canada’s-new-environmental-assessment-act

Green World Rising. (2014). Retrieved from: http://www.greenworldrising.org/#!ep2-carbon/clzn

Line 9: It’s coming for you. Retrieved from: https://www.youtube.com/watch?v=_z0sc-rSB1s

National Energy Board. (2013). Hearing Order OH-002-2013. https://docs.neb-one.gc.ca/lleng/llisapi.dll/fetch 2000/90464/90552/92263/790736/890819/918701/918444/A3%2D1_%2D_Hearing_Order_OH%2D002%2D2013_%2D_A3F4W7.pdf?

nodeid=918357&vernum=-2.

Natural Resources Canada. (2014). Retrieved from: http://www.nrcan.gc.ca/energy/oil-sands/water-management/5865.

Oil Sands Information Portal, (2014). Retrieved from: http://osip.alberta.ca/library/Dataset/Details/443.

Opposing Enbridge’s Line 9. (2014). Retrieved from: https://www.youtube.com/watch?v=jfHl-N1qxY8.

Stewart, K. (2014). Approval of Enbridge Line 9 good for oil companies, not communities: Greenpeace. Toronto. Retrieved from:http://www.greenpeace.org/canada/Global/canada/pr/2014/03/NEBLine9Ruling.pdf

UNEP. (1992). Rio Declaration on Environment and Development. Retrieved From: https://www.unep.com/

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