On the need for a made-in-B.C. environmental assessment of the Trans Mountain expansion project

Last week, the Federal Appeal Court ruling revealed that politics was put ahead of evidence and reconciliation in the federal cabinet approval of the Transmountain pipeline project. My colleague Adam Olsen, MLA for Saanich North and the Islands and I both feel vindicated after many years serving as intervenors in the NEB process. The reasons cited in the Federal Court of Appeal ruling validated the key aspects of our arguments during the intervention process.

This presents an opportunity for the BC Government to step in and stand up for the protection of our coast.

On January 11, 2017, then Premier Christy Clark announced that her government’s five conditions had been been met. The Transmountain Pipeline project was given the green light.

Reacting to the announcement, John Horgan said he planned to “use every tool in our tool box” to stop the project. Indeed, these same words are embedded in our confidence and supply agreement:

Immediately employ every tool available to the new government to stop the expansion of the Kinder Morgan pipeline

Well the BC Government has now been granted the ultimate tool. Given that the provincial cabinet’s approval of the project relied on the same NEB report, and in light of the Federal Court of Appeal’s ruling that the report was “impermissibly flawed”, the BC Government has the opportunity to pull out of the Equivalency Agreement and conduct its own, independent environmental assessment.

This is particularly important in light of the “it will be built” rhetoric emanating from the Trudeau government. How can British Columbians trust an environmental assessment process when the final answer has already been prescribed? The answer is simple, it can’t.

Below is the media statement that we released yesterday on this topic. There is an excellent contextual analysis of the issue in ‘s article that was published yesterday in the Star Vancouver.

Rest assured, the BC Green Caucus will closely monitor government’s response to our call. We don’t see any compelling reason not to pull out of the equivalency agreement in light of the fact that it is such an important tool now available in the so-called BC NDP toolbox.


Media Release


Andrew Weaver statement on the need for a made-in-B.C. environmental assessment of the Trans Mountain expansion project
For immediate release
6 September 2018

VICTORIA, B.C. – Today Andrew Weaver urged the Province to undertake its own made-in-B.C. environmental assessment of the Trans Mountain pipeline.

“It is clear that B.C. cannot rely on the Federal government to protect our environment from the risks of this project”, said Andrew Weaver, Leader of the B.C. Green Party.

“The Federal Court of Appeal has ruled that there were ‘successive, unacceptable deficiencies’ in the NEB report. As a result, they found that the NEB’s report and recommendations could not be relied upon to make a decision in the public interest.

“Yet the Federal government insists that they will get this pipeline built. This rhetoric shows that they have already determined the outcome, and that they are in a rush to build this pipeline. As a result, it is clear that we cannot trust the Federal government to proceed in an objective and unbiased manner.”

The previous provincial government signed an equivalency agreement with the NEB in 2010, which meant that B.C. relied upon the NEB report in issuing its environmental certificate for the Trans Mountain expansion.

“B.C. needs to be in control of our own environmental review process, to make sure it is objective and evidence-based”, said Weaver. “The provincial government should terminate the equivalency agreement signed by the previous administration. Now is the time to use the tools at our disposal to ensure our environment is protected from the risks of an oil spill.”

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Media contact
Sarah Miller, Acting Press Secretary
+1 250-858-9891 | sarah.miller@leg.bc.ca

2 Comments

  1. Gary Warburton-
    September 10, 2018 at 2:28 pm

    I think we need get tougher with them maybe a poll that shows them that there will not be a single liberal seat in B.C. after the next federal election or a poll that shows that people really don`t want another pipeline in B.C. counter to the corporate poll. Set a date for the end of fossil fuel vehicles in B.C. and making electric vehicles the only vehicles allowed in B.C.

  2. Kevin Logan-
    September 9, 2018 at 1:13 pm

    Hi Andrew,

    Thank you for moving on revoking the Equivalency Agreement.

    Having written and published on the topic for over 6 years, as you are aware, I have a couple of questions with respect to your notion of “monitoring the NDP’s response,” as stated above.

    As you point out the CASA you share with the ruling NDP not only states that you will ensure all ‘tools in the tool box’ are exercised but also establishes a Secretariat whose defining documents clearly state, among other things: https://www2.gov.bc.ca/gov/content/governments/organizational-structure/ministries-organizations/central-government-agencies/government-communications/casa

    The CASA Secretariat:

    Ensures progress on the wide range of priority initiatives outlined in the Agreement
    Ensures consultations are managed efficiently and according to government policies and regulations

    Since the secretariat clearly provides you the ways and means of ensuring the notion of a BC Environmental Assessment in the case of KM, why do you instead simply monitor the issue vs. use the Secretariat as it was designed and ensure it’s success while also moving to revoke the Equivalency Agreement immediately?

    Revoking the EA is something the BC NDP has ran on in a prior election. It also is in keeping with the current push of the ruling party to establish and exercise Provincial jurisdiction where and when it can, as repeatedly stated with “using every tool in the tool box.” Now enshrined in your CASA with the NDP. Indeed, the ruling party has gone so far as to ask the courts what more jurisdiction it does have, as you are aware, in order to further oversee and guide these developments.

    Therefor, reaching an agreement to successfully revoke the EA and move to exercise our own provincial environmental laws by means of the secretariat is not only a perfect fit and in keeping with the CASA, but also something your party could initiate with success based on historic and current commitments of the ruling party, in addition to the powers of the secretariat as clearly outlined in the CASA, which you confirm above.

    I look forward to your party working to exercise the capacity you established in the CASA and ensuring, in the upcoming fall legislature, that the matter is up for debate and a vote if required. And that we successfully revoke the Equivalency Agreement regardless, as this can be done with a simple letter and seven days notice in a more immediate fashion.

    Best Regards.
    Kevin Logan

    PS
    I am not “resting assured” since your senior advisor in establishing the CASA, Norman Spector, has predicted nothing will come of this effort of yours on Twitter recently.

    ;)