Planning for Energy Development in Canada Allan Ingelson, University of Calgary March 14, 2014.

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Presentation transcript:

Planning for Energy Development in Canada Allan Ingelson, University of Calgary March 14, 2014

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:.

Boreal Forest Area Source: Alberta Energy Regulator, 2014, online:.

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

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/ Prescribed Information for the Description of a Designated Project Regulations, SOR/ Cost Recovery Regulations, SOR/

Conclusion – Planning for Energy Development 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 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 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