Environment and the law

"One of the most significant developments in environmental law has been the development of mandatory project review processes, at both the federal and provincial levels.FederalWhile, in the past, project review processes have, f or the most part, been spelled out in guidelines, the guidelines have not had the force of law. All that has changed, particularly at the federal level, with the Federal Court decisions commonly referred to as the Old Man River and Alameda and Rafferty Dam cases. These decisions, taken as a whole, are authority for the proposition that the Environmental Assessment and Review Process Guidelines Order, SOR 82-487 is a law of general application, not a mere guideline which may or may not be applied. This federal environmental assessment process first provides for a screening, and, depending upon the results of the screening process, the possibility of a public review. This federal process only applies, however, when the proposal is being undertaken by a federal department, or where the Government of Canada makes a financial contribution, or where federal lands are involved, or where a federal licence or permit is required.Bill C-78, the Canadian Environmental Assessment Act, will replace the Federal Environmental Assessment and Review Process Guidelines Order once it has been passed by Parliament. Currently the bill is being widely discussed, both between governments as well as public interest groups.ProvincialOn the provincial scene, there are three project review processes, one concerned with new mines, the second with energy projects and the third with all other major projects. The most recent initiatives taken by British Columbia are twofold. First, the Mine Development Review Process which was in the form of a guideline, has been replaced by the Mine Development Assessment Act. Second, the Major Project Review Process has been formulated and is to apply to four main categories of major projects:1. Pulp and paper production;2. Mineral smelting and refining;3. Chemical products; and4. Major ports and marinas.Energy projects are governed by the Energy Project Review Process which is legislatively mandated under the Utilities Commission Act."