Reading between the lines of the ‘Responsible Resource Development’ rhetoric: the use of omnibus bills to ‘streamline’ Canadian environmental legislation

Abstract

In Canada, the use of omnibus budget bills in recent years has grown substantially. In 2012, it was used twice by the Government of Canada. As a result, a number of substantial changes to environmental legislation were introduced with virtually no debate nor compromise. This situation has been criticized for seriously reducing the credibility of the budget process and the authority of Parliament in Canada, as well as undermining the transparency and accountability of the policy-making process. This paper describes how changes to major policies through the use of omnibus bills (all, arguably, in the name of faster project review decisions) affect not only established environmental protection efforts, but also the public and Aboriginal (First Nations, Inuit and Metis) peoples, particularly in terms of their capacity to effectively participate in resource development.

Keywords::

• CEAA 2012
• omnibus bill
• streamlined EA
• public participation
• Aboriginal peoples
• environmental assessment
• resource development
• Bill C-38
• Bill C-45

Acknowledgements

The authors would like to thank the IAPA editors and reviewers for many valuable suggestions.

Notes

^1. The Ring of Fire is considered one of the most promising mineral development opportunities in northern Ontario, with current estimates suggesting a multi-generational potential of chromite production, as well as significant production of nickel, copper and platinum (Ministry of Northern Development and Mines [MNDM] 2014).

^2. Surrendered lands means an Aboriginal reserve or part of a reserve that has been released or surrendered by the band for whose use and benefit it was set apart (Indian Act1985). While the initial intent was to ensure protection, for the most part, ‘reserve land has been surrendered in response to the settlement and development aspirations of non-Aboriginal peoples’ (Holmes 2006, p. 4).

^3. Recipients of this type of assistance can use funds for a number of things related to the proposed project under review, including collecting data and conducting research, preparing and participating in scoping activities, hiring experts to help review the EA findings in the EA report, and also to get ready and participate in public hearings.

Additional information

Funding

This work was supported by the Social Sciences and Humanities Research Council.