Ottawa’s new Impact Assessment Act injects confusion into national unity GlobeDebate
the law in 1959 as an unconstitutional provincial incursion on criminal matters, many Quebeckers saw it as British imperialism, but most, including the Court, saw it as a win for freedom of expression. The Court’s decision depended on clarity in provincial versus federal powers.
There’s the rub. The new act hands the federal government authority and discretion over which projects get designated for review, under what criteria, by whom and by when. The word “may” appears many hundreds of times, as in, “The Governor in Council may, by order …” add or remove any environmental, health, social or economic matter on the list of review criteria. The criteria could be absolutely anything.
Another rejected amendment would have excluded “greenhouse gas emissions generated from another physical activity or designated project located downstream from the designated project” from the review criteria. If you are proposing a natural gas pipeline, others may have standing to object on the basis that the gas feeds some other activity that emits carbon dioxide.
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