West Coast Environmental Law Research Foundation Newsletter

BC TO GET ENVIRONMENTAL ASSESSMENT LEGISLATION

Environmental groups and others are scrambling to provide input on proposed environmental assessment legislation promised by the B.C. government. In early April the government released a discussion paper and sent Dale Lovick, MLA, on a round-the-province consultation tour. Lovick says he will report to the Minister by the beginning of June, and that a Bill will be introduced into the Legislature in June and passed in July.

This legislative initiative has been expected since shortly after the government was elected in October 1991, but its release was delayed by disagreements from other ministries. The time is now very short for effective consultations, but Lovick has said that the government wants to pass an environmental statute during the current session of the Legislature to honour its election campaign commitments.

Some of the government's recommendations are set out below (in italics), with West Coast Environmental Law Association's responses (in bold).

"A combination of category and threshold inclusion criteria should be used to determine those projects subject to the environmental assessment process." Yes, and the types of proposed projects which require environmental assessment should be broadly defined, including small projects and expansions of existing operations.

"The environmental assessment process should apply to both public and private sector projects ...." Yes.

"[T]he legislation should state that it is the proponent's responsibility to identify and manage all direct environmental impacts associated with a project." Yes, and indirect and cumulative environmental impacts as well. The assessment should include the whole "life cycle" of the proposed project, the need for and alternatives to the project, any cumulative effects from the proposed project, cultural and heritage factors, mitigation measures, and follow-up monitoring.

"[W]hich minister(s) should be [responsible for administering the process?]" The Minister of Environment, Lands and Parks.

"Government should develop a formula to enable cost-recovery for project reviews (from proponents)."Yes.

"The minister(s), with the support of Cabinet, should ... determine when independent public review is required." No. An independent public review should be mandatory for certain classes of projects and for all projects that would likely cause significant adverse environmental impacts. Further, citizens should have a right to insist on such a hearing, in appropriate circumstances.

"If an independent public review is conducted, regulatory permits and licences issued in compliance with the project approval certificate should not be subject to appeal." No, absolutely not. Environmental assessment is not a substitute for public input on later, more detailed permits and licences.

"A permanent environment assessment board should be established to hold independent public reviews of projects." Yes. An informal public hearing process is preferred. Yes, but a full range of procedures must be available for use in appropriate situations. The right to representation by a lawyer should be respected. "The Board would make recommendations to the minister(s)." No. A permanent board should make binding decisions, subject perhaps to an override by Cabinet.

"Consensus-based approaches to dispute resolution mechanisms should be formally included in the legislation." Yes, and multi-party fact finding processes should also be mandated.

"Assistance in the form of access to technical expertise should be provided as part of the environmental assessment process." Yes, and there should also be funding for public participants to retain appropriate technical and legal expertise, since both are available to proponents.

ADDITIONAL COMMENTS

• Dale Lovick's report should be publicly released immediately upon being received by the Minister.
• A legislative committee should receive public input on the Bill.
• The legislation should include requirements for effective follow-up monitoring. It should also provide clear authority for imposing, modifying, monitoring and enforcing environmental terms and conditions.
• There should be clear links between the environmental assessment system and processes for land use planning, environmental regulation, resource management and administrative coordination (e.g., the Fraser River Estuary Management Program).
• The provincial environmental assessment system should incorporate advanced, computerized information systems. Citizens, public libraries, academics and other users should participate in the design of the information system to ensure reasonable mechanisms for access.

For a copy of WCELA's brief, call our office. For a copy of the government's discussion paper, call 1-800-665-7120, or in Victoria, 387-4591. Send comments to FAX 356-6464 or Ministry Legislation Consultation Project, First Floor, 810 Blanshard, Victoria, B.C., V8V 1X5.

INFORMATION SYSTEMS FOR THE `TURNAROUND' DECADE

WCELA's Bill Andrews presented a brief on information systems to the Regulatory Advisory Committee under the proposed Canadian Environmental Assessment Act in Ottawa in early April. The report by Andrews and lawyer Lawrence Alexander was funded by the Environmental Assessment Caucus of the Canadian Environmental Network. Although prepared specifically for the Committee, it raises issues that are important for everyone who deals with environmental legal information at any level of government.

The report identifies two streams of information. First is the environmental assessment information that will be generated under the Act. The second is the information used by the Regulatory Advisory Committee in the course of developing its recommendations regarding draft regulations and guidelines under the Act. Both of these constitute legal information, which should be made available to the public in accordance with Legal Information Access Ideals recently prepared by the Canadian Legal Information Centre.

The report takes an information systems approach to environmental legal information by identifying the potential users of environmental legal information and their respective information needs. We recommend that such a user-needs-based approach be taken to improving the organization of the environmental legal information system. A key challenge is to incorporate electronic systems into the overall legal information system. The report (and an appendix) discusses a number of automated information systems to illustrate the extent and variety of such systems.

The report also briefly examines the Registry, which will be developed under the Act, and recommends that it include both hardcopy and electronic information, that it include both environmental assessment and regulatory development information, that it be integrated or coordinated with other related information systems and that it provide innovative information retrieval capabilities.

Noting that the Regulatory Advisory Committee is just one of over 90 federal environmental consultation processes and that there are numerous other provincial and municipal consultation processes, the report concludes that there is a need for efficient, effective coordination of environmental legal consultation processes. It emphasizes the need for the development of reasonably standardized information systems for conducting consultation processes.

We hope that this report directs attention to the importance of developing better systems for handling environmental legal information -- systems that are designed to meet users' needs. Please contact WCELA for a copy.

LEGAL INFO ACCESS IDEALS

(developed by the Canadian Legal Information Centre)

1. public access to legal information is essential in a democracy and is required for the proper functioning of our legal system;

2. those who produce and store legal information should regard its dissemination as an essential public service;

3. access should be quick and convenient;

4. access should not be restricted because of cost;

5. legal information should be accurate and as comprehensive as possible;

6. legal information should be conveniently available, disseminated, or distributed, according to the nature of the information and the nature of the user;

7. legal information should be accessible to all users on an equitable basis and accommodate special needs;

8. legal information should be available in official languages and other languages where warranted; and

9. legal information should be clear.

WANT TO BE ON OUR MAILING LIST?

West Coast Environmental Law Association is preparing lists of individuals and groups who want to be contacted regarding WCELA's input into current law reform processes. The BC government has said it will introduce into the current session an Access to Information and Protection of Privacy Act and an Environmental Assessment Act for BC. Soon to follow will be a Wildlife, Fish and Endangered Species Act, a Water Management Act and an Environmental Protection Act. The time available for public input will likely be short and the consequences of this legislation will be great, so if you are interested in following the processes, let us know you want to be on our contact list.

Also, let us know if you want to provide input into and be kept informed about WCELA's participation in the Regulatory Advisory Committee under the proposed Canadian Environmental Assessment Act. Procedures under that Act will govern federal environmental assessments in BC and will serve as a model for provincial environmental assessment.

If you want to keep abreast of these law reform initiatives, please check the proposed Acts that you want to receive mail about in the box below, and return this form to: West Coast Environmental Law Association, 1001 - 207 West Hastings Street, Vancouver, BC, V6B 1H7; phone 684-7378, fax 684-1312.

YES!

Put me on the WCELA mailing list for:

_____ Access to Info & Protection of Privacy Act

_____ Env'l Assessment Act

_____ Water Management Act

_____ Env'l Protection Act

_____ Wildlife, Fish & Endangered Species Act

_____ Canadian Env'l Assessment Act

Name:_________________________________________

Group:________________________________________

Address:______________________________________

City:_____________________________Prov:________

Code:__________________Fax:___________________

WANTED: We are looking for a part-time volunteer receptionist to help us answer the phone a few hours a week. If you have an afternoon or morning a week to spare, and are interested in helping out the day-to-day work of West Coast Environmental Law, please contact our office.

ALSO WANTED: We are always looking for volunteer lawyers to do legal research, take environmental cases, or help prepare law reform briefs. Call our office if you are interested!