Evan Saugstad: David Eby’s new Environmental Assessment Act – Let’s pretend we don’t need one

FORT ST. JOHN, B.C. — And, with the stroke of my pen, I, David Eby, Premier of BC, from this day forward, do declare that all construction projects which meet with my approval are no longer required to be assessed under BC’s rigorous and time-consuming Environmental Assessment Act (BC EAA), and hence this process will be known as the BC EAA 2.0, or to be more succinct, Eby’s Shortcut Version.

And with that, nine wind power projects were approved for construction in BC.  Instead of taking the 5 – 15 years of chasing one’s tail in assessing local, regional, social, cultural, environmental, economic and any other real or perceived impacts, construction may start as fast as BC can print the permits.

Four of these projects are in northern BC, four in BC’s Southern Interior and one on Vancouver Island.  Eight of the nine are majority owned (51%) by First Nation bands with the other at a 25% ownership. Two of the four northern projects are in the South Peace; Taylor Wind Project 10 kms south of Taylor (Saulteau First Nations – 51%) and the Stewart Creek Wind Project (West Moberly First Nation – 51%) near Stewart Lake.

Contrast this process with that of the Prince Rupert Gas Transmission (PRGT) project.

After years in the BC EAA review windmill, PGRT was issued its environmental assessment certificate (EAC) in 2014, with a five-year extension in 2019.  They had until Nov. 25, 2024, to “substantially start” construction to prevent its EAC from expiring, which would then necessitate a new certificate be issued, which would take a few more years and millions of dollars to complete, and then, pending government approval, construction could be allowed.

This past summer TC Energy (formerly TransCanada Energy) sold its PGRT pipeline project to a NW Infrastructure Limited Partnership, a joint venture of Western LNG (a Texas based company) and the Nisga’a Nation.  The pipeline will connect BC’s vast natural gas supplies to a proposed floating liquid natural gas (Ksi Lisims LNG) plant on BC’s north coast.  The Ksi Lisims Project is jointly owned by Western LNG, the Nisga’a Nation and Rockies LNG (a partnership of Canadian natural gas producers that produce about half of western Canadian’s natural gas). The Ksi Lisims LNG Project is currently under review by the BC Environmental Assessments Office (EAO).

To prevent the PGRT certificate from expiring, construction began this past summer on Nisga’a lands in the Nass River valley.  (Note: Nisga’a lands were selected for the start as Eby’s government had no ability to deny or delay permit issuance to ensure that the EA certificate expired and that PGRT had to start over in the assessment process.)

42 kilometres of right-of-way was cleared, nine bridges installed, access roads upgraded, and a work camp assembled. PGRT has declared that construction has met the EAO definition of “substantial start” and asked that its certificate be extended to allow for construction to continue and the pipeline completed.

“Not so fast”, said Eby’s government, and with that the Minister of Environment declared it would take a few months to determine the definition of “substantial” and if this project fits within David Eby’s vision for BC.

And, while the Minister dithers and begins another “consultation” process to determine if she should allow a few hundred million dollars worth of project that would contribute to BC’s wealth be allowed to continue, Premier Eby sweats out Donald Trump’s threat of 25% tariffs and how he can respond.  (Hint, hint – more pipelines to the coast and more LNG facilities to allow for the export of our most precious commodities to countries other than the United States of America would be a good start!!)  

So, the contrast.

For windmills owned by First Nations:

“We know everything there is to know about windmills”, says newly minted Minster of Energy, Adrian Dix, remember, the one who could not keep our Hospital’s Emergency Rooms open and had to be replaced.

Why would we need something as silly as an Environmental Assessment and consultation when we can just issue a permit and have construction begin to keep BC working and our lights on?  After all, we have nine chiefs who have solemnly sworn that these projects are in their best interest (no conflict noted as these same chiefs are majority owners of eight of the nine projects).  

“What could possible go wrong with this process”, the soon to be prosperous chiefs say. “Think of all the parks and indigenous private lands we created by the stroke of this same pen with no consultation, no process other than our fearless NDP Premiers just signing the deals we put in front of them?  About time we get what we wish for, and that is BC’s new reality”

“… development and construction will generate between $5 billion and $6 billion in private spending on the projects…”, said David Eby.

And for the pipeline project which is partially owned by the Nisga’a Nation:

(The Indian Act does not apply to Nisga’a by virtue of their modern treaty, signed in 2000.  Although they are recognized as an indigenous people, they represent themselves as a form of Local Government rather than a band.)

“Don’t we already know everything there is to know about building pipelines in BC?”

“Don’t we have an existing certificate that has already considered every possible impact there is to consider?”

“Don’t we already have indigenous ownership and a business plan that will not only make Nisga’a lives better, but that of all British Columbians?”

“Don’t we already have signed 25 year agreements with every First Nation that has traditional territory on or near our pipeline route?”

“Won’t our project create vast wealth for all of BC and help by a tiny bit in reducing Eby’s ever expanding deficits as development and construction will generate about $15 billion in private spending on the projects…”

“Can’t David Eby lend that same pen to our Minister of Environment to sign of not only PGRT, but also the Ksi Lisims LNG facility project?  Ohhh … slight conflict here as our Minister of “Environment may not be able to assess either project objectively as she is a member of the Haida Nation who have previously passed resolutions that object to shipping of LNG through BC coastal waters near Hadia Gwaii.”

“Can’t Premier Eby declare natural gas and LNG “green”, just like a windmill’s electrons, and support its sale to Asia to help reduce their CO2 that is produced when burning coal for electricity production?”

Come spring, I guess we will find out of Premier Eby’s government has the intestinal fortitude to grant PRGT its environmental certificate extension and another for the Ksi Lisims LNG, or if they will cave to the “I hate natural gas” interests of the Greens and other vocal minorities.

Fairly certain I know what the BC Conservatives and a Rustad led Minister of Environment would sign off on.

A new and much streamlined Environmental Assessment process that reduces timelines by years and assesses projects on their merits, and not on one’s fancies.  And for these projects already in the system?  Their approvals to proceed in haste to save our economy from its ruinous directions.

Written while my furnace consumes enough natural gas to keep my house much warmer than the – 25 degrees outside.

Have a Merry Christmas and tip a bit of good cheer for BC’s natural gas industry while finding comfort in front of those flickering flames of your natural gas fireplaces.

Cheers too all, Evan