Transcript Planning for Energy Development in Canada – A legislative

Planning for Energy
Development in Canada
Allan Ingelson, University of Calgary
[email protected]
March 14, 2014
NEB (2013)
NEB (2013)
NEB (2013)
NEB (2013)
The Oil Sands
• Oil sands - 90% of Canadian oil reserves
• Provide national energy security and
significant economic benefits
• Negative land surface impacts, water impacts,
increased GHG emissions
• Social and cultural impacts
Alberta Oil Sands
Source: Alberta Geological Survey, 2014, online: <http://www.ags.
gov.ab.ca/energy/oilsands/index.html>.
Boreal Forest Area
Source: Alberta Energy Regulator, 2014, online: <http://www.
aer.ca/compliance-and-enforcement/enerfaqs/enerfaqs-12>.
Wetlands
Water Diversion
Boreal Forest
Wildlife
Oil Sands
1 of 9 Oil Sands Mines
Oil Sands Mine
Mining Truck
Transportation
Truck Convoy
1 of 7 Oil Sands Processing Plants
Tailings, GHG Emissions & Sulfur
Tailings Pond and MBCA
Former Oil Sands Site
Reclaimed Oil Sands Site
Reclaimed Oil Sands Site
Revegetated Oil Sands Site
Planning – Provincial EAs and
Reclamation
• Alberta Environmental Protection and
Enhancement Act (1992)
• Part 2 – Provincial EAs
• Part 6 – Compulsory reclamation requirements
• Reclamation standard – Equivalent land
capability”
• Companies required to deposit money with the
government (security) to ensure reclamation is
completed
GHGs
• Climate Change Emissions Act (1993)
• Carbon tax
Provincial Strategic Land Use Planning
Acts
• Oil sands – 50 thermal (steam) in situ projects
and 20 experimental projects
• 2009 Alberta Land Stewardship Act (regional
land use plans)
• 2009 Land Assembly Project Area Act –
designated energy corridors; advanced land
acquisitions to minimize social conflict
Federal EAs for Energy Planning
• 1992 Canadian Environmental Assessment Act
• 2009 Fall Report of the Commissioner of the
Environment and Sustainable Development
(CESD)
• Report – 1.15 “Long-standing issues in federal
coordination” – process delays
• Scoping lawsuits – process delays
CESD 2009 Report
• 1.17 “Disagreement relating to scoping delays
can result in multiple assessments”
• “Responsible authorities often disagree on
key issues such as how a project should be
defined…result[ing] in serious delays in the
conduct of environmental assessments”
November 2011 Comment
• Natural Resources Minister Joe Oliver, “ $500
billion dollars in potential energy and mining
projects in Canada” during the next decade
(The Globe and Mail, Nov. 28, 2011, p. 1)
• Increased investment
2012 “Jobs, Growth & Long-term
Prosperity Act”
• Canadian Environmental Assessment Act
(CEAA 2012)
• Promote investment in the energy and mining
sectors by increasing efficiency in the federal
EA process
• Simplify & streamline federal EA process
CEAA 2012
• To promote cooperation & coordinated action
between the federal and provincial
governments (s. 4(1))
• Ensure EAs are completed in timely manner
(s. 4(1)(f))
• Process time deadlines specified
• Increase certainty for energy developers
3 New Regulations under CEAA 2012
• Regulations Designating Physical Activities,
SOR/2012-147
• Prescribed Information for the Description of a
Designated Project Regulations,
SOR/2012-148
• Cost Recovery Regulations, SOR/2012-146
Conclusion – Planning for Energy
Development 2014-2035
• Reduced oil sands mining and an increased
number of in situ oil sands projects
• Increased use of natural gas to generate
electricity
• Reduced coal thermal projects
• Reduced nuclear generation of electricity
Planning for Energy Development
2014-2035
• Increased electricity generation from wind
solar and biomass projects
• Federal EAs for major energy projects will
continue
• Federal EAs will have a narrower scope and
process time deadlines – more certainty for
energy developers
• Fewer Federal EAs for smaller energy projects
Planning for Energy Development
2014-2035
• Provincial EAs will continue
• Federal Government will encourage
substitution of Fed EAs by equivalent
provincial EAs whenever possible
• More litigation regarding oil sands project
approvals in Alberta and offshore wind project
approvals in Ontario
• Questions?
Acknowledgement
• This research was supported by a grant from
the Alberta Law Foundation