Analysis: The Harper government’s week of history-making blunders

The Panama registered bulk carrier  Azuma Phoenix is seen tied up at Kitimat harbour seen on the afternoon of Jan 9, 201. In March 2013. the federal government announced it was making the private port of Kitimat into a public port,  (Robin Rowland)
The Panama registered bulk carrier Azuma Phoenix is seen tied up at Kitimat harbour on the afternoon of Jan 9, 2012. In March 2013. the federal government announced it was making the private port of Kitimat into a public port. (Robin Rowland)

When the story of the Stephen Harper government is told, historians will say that the week of March 17 to 23, 2013, is remembered, not for the release of a lacklustre federal budget, but for day after day of political blunders that undermined Harper’s goal of making a Canada what the Conservatives call a resource superpower.

It was a week where spin overcame substance and spun out of control.

The Conservative government’s aim was, apparently, to increase support for the Enbridge Northern Gateway pipeline project with a spin campaign aimed at moving the middle ground in British Columbia from anti-project to pro-project and at the same time launching a divide and conquer strategy aimed at BC and Alberta First Nations.

It all backfired. If on Monday, March 17, 2013, the troubled and controversial Enbridge Northern Gateway project was on the sick list, by Friday, March 23, the Enbridge pipeline and tanker scheme was added to the Do Not Resuscitate list, all thanks to political arrogance, blindfolded spin and bureaucratic incompetence. The standard boogeymen for conservative media in Canada (who always add the same sentence to their stories on the Northern Gateway) “First Nations and environmentalists who oppose the project” had nothing to do with it.

Stephen Harper has tight control of his party and the government, and in this case the billion bucks stop at the Prime Minister’s Office. He has only himself to blame.

All of this happened on the northern coast of British Columbia, far out of range of the radar of the national media and the Ottawa pundit class (most of whom, it must be admitted, were locked up in an old railway station in the nation’s capital, trying interpret Finance Minister Jim Flaherty’s spreadsheets).

The story begins early on that Monday morning, at my home base in Kitimat, BC, the proposed terminal for Northern Gateway, when a news release pops into my e-mail box, advising that Natural Resources Minister Joe Oliver would be in nearby Terrace early on Tuesday morning for an announcement and photo op.

I started making calls, trying to find out if anyone in Kitimat knew about Oliver’s visit to Terrace and if the minister planned to come to Kitimat.

Visitors to Kitimat

I made those calls because in the past two years, Kitimat has seen a parade of visitors checking out the town and the port’s industrial and transportation potential. The visitors range from members of the BC provincial Liberal cabinet to the staff of the Chinese consulate in Vancouver to top executives of some of the world’s major transnational corporations (and not just in the energy sector). Most of these visits, which usually include meetings with the District of Kitimat Council and District senior staff as well as separate meetings with the Council of the Haisla Nation, are usually considered confidential. There are no photo ops or news conferences. If the news of a visit is made public, (not all are), those visits are usually noted, after the fact, by Mayor Joanne Monaghan at the next public council meeting.

It was quickly clear from my calls that no one in an official capacity in Kitimat knew that, by the next morning, Oliver would be Terrace, 60 kilometres up Highway 37. No meetings in Kitimat, on or off the record, were scheduled with the Minister of Natural Resources who has been talking about Kitimat ever since he was appointed to the Harper cabinet.

I was skeptical about that afternoon’s announcement/photo op in Vancouver by Transport Minister Denis Lebel and Oliver about the “world class” tanker monitoring.

After all, there had been Canadian Coast Guard cutbacks on the northwest coast even before Stephen Harper got his majority government. The inadequacy of oil spill response on the British Columbia coast had been condemned both by  former Auditor General Sheila Fraser and in the United States Senate. The government stubbornly closed and dismantled the Kitsilano Coast Guard station. It’s proposing that ocean traffic control for the Port of Vancouver be done remotely from Victoria,  with fixed cameras dotted around the harbour.  Leaving controllers in Vancouver would, of course, be the best solution, but they must be sacrificed (along with any ship that get’s into trouble in the future, on the altar of a balanced budget).

The part of the announcement that said there would be increased air surveillance is nothing more than a joke (or spin intended just for the Conservative base in Alberta, Saskatchewan and the Toronto suburbs,that is not anyone familiar with BC coastal waters). Currently the Transport Canada surveillance aircraft are used on the coasts to look for vessels that are illegally dumping bilge or oil off shore. As CBC’s Paul Hunter reported in 2010, Transport Canada aircraft were used after the Gulf of Mexico oil disaster to map where the oil was going after it erupted from the Deepwater Horizon. 

Given the stormy weather on the west coast (when Coast Guard radio frequently warns of “hurricane force winds”) it is highly unlikely that the surveillance aircraft would even be flying in the conditions that could cause a major tanker disaster. Aerial surveillance, even in good weather, will never prevent a tanker disaster caused by human error.

I got my first chance to look at the Transport Canada website in late afternoon and that’s when a seemingly innocuous section made me sit up and say “what is going on?” (I actually said something much stronger).

Public port

Public port designations: More ports will be designated for traffic control measures, starting with Kitimat.

(Transport Canada actually spelled the name wrong—it has since been fixed—as you can see in this screen grab).

Screengrab from Transport Canada website

Kitimat has been one of the few private ports in Canada since the Alcan smelter was built and the town founded 60 years ago (the 60th anniversary of the incorporation of the District of Kitimat is March 31, 2013).

The reasons for the designation of Kitimat as a private port go back to a complicated deal between the province of British Columbia and Alcan in the late 1940s as the two were negotiating about electrical power, the aluminum smelter, the building of the town and the harbour.

For 60 years, Alcan, later Rio Tinto Alcan, built, paid for and operated the port as a private sector venture. For a time, additional docks were also operated by Eurocan and Methanex. After Eurocan closed its Kitimat operation that dock was purchased by the parent company Rio Tinto. The Methanex dock was purchased by Royal Dutch Shell last year for its proposed LNG operation.

The announcement that Kitimat was to become a public port was also something that the national media would not recognize as significant unless they are familiar with the history of the port. That history is known only to current and former residents of Kitimat and managers at Rio Tinto Alcan.

The port announcement came so much out of left field; so to speak, that I had doubts it was accurate. In other words, I couldn’t believe it. I went to Monday evening’s meeting of District of Kitimat Council and at the break between the open and in-camera sessions, I asked council members if they had heard about Kitimat being redesignated a public port. The members of the district council were as surprised as I had been.

Back from the council meeting, I checked the Transport Canada news release and backgrounders. I also checked the online version of Bill C-57, the enabling act for the changes announced earlier that day. There was no mention of Kitimat in Bill C-57.

Harper government outlines new tanker safety measures for west coast

Confirmation

Tuesday morning I drove to Terrace for Joe Oliver’s 9 am photo op and the announcement at Northwest Community College (NWCC) that the government had appointed Douglas Eyford as a special envoy to First Nations for energy projects, an attempt on the surface to try and get First Nations onside for the pipeline projects, an appointment seen by some First Nations leaders as an attempt by the Harper government to divide and conquer.

As an on site reporter, I got to ask Oliver two questions before the news conference went to the national media on the phones.

In answer to my first question, Oliver confirmed that the federal government had decided to make Kitimat a public port, saying in his first sentence: “What the purpose is to make sure that the absolute highest standards of marine safety apply in the port of Kitimat.” He then returned to message track saying, “we have as I announced yesterday and I had spoken about before at the port of Vancouver we have an extremely robust marine safety regime in place but we want to make sure that as resource development continues and as technology improves, we are at the world class level. As I also mentioned there has never been off the coast of British Columbia a major tanker spill and we want to keep that perfect record.”

For my second question, I asked Oliver if he planned to visit Kitimat.

He replied. “Not in this particular visit, I have to get back [to Ottawa] There’s a budget coming and I have to be in the House for that but I certainly expect to be going up there.”

The question may not have registered with the national media on the conference call. For the local reporters and leaders in the room at Waap Galts’ap, the long house at Terrace’s Northwest Community College, everyone knew that Kitimat had been snubbed.

Oliver confirms Kitimat to become a public port

Back in Kitimat, I sent an e-mail to Colleen Nyce, the local spokesperson for Rio Tinto Alcan noting that Joe Oliver had confirmed that the federal government intended to make the RTA-run port a public port. I asked if RTA had been consulted and if the company had any comment.

Nyce replied that she was not aware of the announcement and promised to “look into this on our end.” I am now told by sources that it is believed that my inquiry to Nyce was the first time Rio Tinto Alcan, one of Canada’s biggest resource companies, had heard that the federal government was taking over its port.

The next day, Kitimat Mayor Joanne Monaghan told local TV news on CFTK the Kitimat community was never consulted about the decision and she added that she still hadn’t been able to get anyone with the federal government to tell her more about the plan.

Who pays for the navigation aids?

Meanwhile, new questions were being raised in Kitimat about two other parts of the Monday announcement.

New and modified aids to navigation: The CCG will ensure that a system of aids to navigation comprised of buoys, lights and other devices to warn of obstructions and to mark the location of preferred shipping routes is installed and maintained.
Modern navigation system: The CCG will develop options for enhancing Canada’s current navigation system (e.g. aids to navigation, hydrographic charts, etc) by fall 2013 for government consideration.

Since its first public meeting in Kitimat, in documents filed with the Northern Gateway Joint Review Panel, in public statements and advertising, Enbridge has been saying for at least the past four years that the company would pay for all the needed upgrades to aids to navigation on Douglas Channel, Wright Sound and other areas for its tanker traffic. It is estimated that those navigation upgrades would cost millions of dollars.

Now days before a federal budget that Jim Flaherty had already telegraphed as emphasizing restraint, it appeared that the Harper government, in its desperation to get approval for energy exports, was going to take over funding for the navigation upgrades from the private sector and hand the bill to the Canadian taxpayer.

Kitimat harbour

RTA not consulted

On Thursday morning, I received an e-mail from Colleen Nyce with a Rio Tinto Alcan statement, noting:

This announcement was not discussed with Rio Tinto Alcan in advance. We are endeavoring to have meetings with the federal government to gain clarity on this announcement as it specifically relates to our operations in Kitimat.

Nyce also gave a similar statement to CFTK and other media. A Francophone RTA spokesperson in Quebec did the same for Radio Canada.

On Friday morning, Mayor Monaghan told Andrew Kurjata on CBC’s Daybreak North that she had had at that time no response to phone calls and e-mails asking for clarification of the announcement. Monaghan also told CBC that Kitimat’s development officer Rose Klukas had tried to “get an audience with minister and had been unable to.” (One reason may be that Oliver’s staff was busy. They ordered NWCC staff to rearrange the usual layout of the chairs at Waap Galts’ap, the long house, to get a better background for the TV cameras for Oliver’s statement).

Joe Oliver
Natural Resources Minister Joe Oliver (front far right) answers questions after his news conference at the Northwest Community College Long House, March 19, 2013. (Robin Rowland)

Monaghan told Kurjata, “I feel like it’s a slap in the face because we’re always being told that we’re the instrument for the whole world right now because Kitimat is supposed to be the capital of the economy right now. So I thought we’d have a little more clout by now and they’d at least tell us they were going to do this. There was absolutely no consultation whatsoever.”

By Friday afternoon, five days after the announcement, Transport Canada officials finally returned the calls from Mayor Monaghan and Rose Klukas promising to consult Kitimat officials in the future.

Monaghan said that Transport Canada told her that it would take at least one year because the change from a private port to a public port requires a change in legislation.

Transport Canada is now promising “extensive public and stakeholder consultation will occur before the legislation is changed,” the mayor was told.

On this Mayor Monaghan commented, “It seems to me that now they want to do consultation….sort of like closing the barn door after all of the cows got out!”

Transport Canada promises consultation on Kitimat port five days after announcement it will become public

 

Blunder after blunder after blunder

Blunder No 1. Pulling the rug out from Northern Gateway

Joe Oliver and the Harper government sent a strong political signal to Kitimat on Tuesday; (to paraphrase an old movie) your little town doesn’t amount of a hill of beans in this crazy world.

Not that attitude is new for the people of Kitimat. The Northern Gateway Joint Review panel snubbed the town, bypassing Kitimat for Prince George and Prince Rupert for the current questioning hearings. Publisher David Black has been touting a refinery 25 kilometres north of Kitimat to refine the bitumen, but has never bothered to meet the people of Kitimat.

There are a tiny handful of people in Kitimat openly in favour of the Northern Gateway project. A significant minority are on the fence and some perhaps leaning toward acceptance of the project. There is strong opposition and many with a wait and see attitude. (Those in favour will usually only speak on background, and then when you talk to them most of those “in favour” have lists of conditions. If BC Premier Christy Clark has five conditions, many of these people have a dozen or more).

Oliver was speaking in Terrace, 60 kilometres from Kitimat. It is about a 40 to 45 minute drive to Kitimat over a beautiful stretch of highway, with views of lakes, rivers and mountains.

Scenic Highway 37 is the route to the main location not only for the controversial Northern Gateway pipeline but three liquefied natural gas projects, not to mention David Black’s proposed refinery half way between Terrace and Kitimat.

Why wouldn’t Kitimat be a must stop on the schedule for the Minister of Natural Resources? In Terrace, Oliver declared that Kitimat was to become a public port, run by the federal government. Although technically that would be the responsibility of Denis Lebel, the Minister of Transport, one has to wonder why the Minister of Natural Resources would not want to see the port that is supposedly vital to Canada’s economy? You have to ask why he didn’t want to meet the representatives of the Haisla Nation, the staff and council of the District of Kitimat and local business leaders?

Oliver has been going across Canada, the United States and to foreign countries promoting pipelines and tanker traffic, pipelines that would terminate at Kitimat and tankers that would send either bitumen or liquefied natural gas to customers in Asia.

Yet the Minister of Natural Resources is too important, too busy to take a few hours out of his schedule, while he is in the region,  to actually visit the town he has been talking about for years.

He told me that he had to be in Ottawa for the budget. Really? The budget is always the finance minister’s show and tell (with a little help from whomever the Prime Minister is at the time). On budget day, Oliver would have been nothing more than a background extra whenever the television cameras “dipped in” on the House of Commons, between stories from reporters and experts who had been in the budget lockup.

According to the time code on my video camera, Oliver’s news conference wrapped at 9:50 a.m., which certainly gave the minister and his staff plenty of time to drive to Kitimat, meet with the representatives of the District, the Haisla Nation and the Chamber of Commerce and still get to Vancouver for a late flight back to Ontario.

On Tuesday, Joe Oliver’s snub pulled the political rug out from under the Northern Gateway supporters and fence sitters in Kitimat. Oliver’s snub showed those few people in Kitimat that if they do go out on a limb to support the Northern Gateway project, the Conservatives would saw off that limb so it can be used as a good background prop for a photo op.

Prince Rupert, Terrace and Smithers councils have all voted against the Northern Gateway project. Kitimat Council, despite some clear divisions, has maintained a position of absolute neutrality.  Kitimat Council will continue to be officially neutral until after the Joint Review report, but this week you could hear the air slowly leaking out of the neutrality balloon.

Oliver may still believe, as he has frequently said, that the only people who oppose Northern Gateway are dangerous radicals paid by foreign foundations.

What he did on Tuesday was to make the opposition to Northern Gateway in Kitimat into an even more solid majority across the political spectrum.

Blunder No 2. Rio Tinto Alcan

It doesn’t do much for the credibility of a minister of natural resources to thoroughly piss off, for no good reason, the world’s second largest mining and smelting conglomerate, Rio Tinto. But that’s just what Joe Oliver did this week.

I am not one to usually have much sympathy with rich, giant, transnational corporations.

But look at this way, over the past 60 years Alcan and now Rio Tinto Alcan have invested millions upon millions of dollars in building and maintaining the Kitimat smelter and the port of Kitimat. RTA is now completing the $3.3 billion Kitimat Modernization Project. Then without notice, or consultation, the Conservative government—the Conservative government—announces it is going to take over RTA’s port operations. What’s more, if what Transport Canada told Mayor Joanne Monaghan is correct, the federal government is going to start charging RTA fees to use the port it has built and operated for 60 years.

Construction at Rio Tinto Alcan

There are problems between the people of Kitimat and RTA to be sure; the closing of the town’s only beach last summer was one problem (a problem that was eventually resolved.)

Too often RTA’s London headquarters acts like it is still the nineteenth century and the senior executives are like British colonialists dictating to the far reaches of the Empire on what do to do.

No matter what you think of RTA, it boggles the mind, whether you are right wing, left wing or mushy middle, that the federal government simply issues a press release–a press release– with not even a phone call, not even a visit (even to corporate headquarters) saying “Hey RTA, we’re taking over.”

There’s one thing that you can be sure of, Rio Tinto Alcan’s lobbyists are going to be earning their fees in the coming weeks.

(One more point, even if there wasn’t a single pipeline project planned for Kitimat you would think that the Minister of Natural Resources would want to see what is currently the largest and most expensive construction project in Canada, a project that comes under his area of political responsibility).

Blunder No 3. The Haisla Nation

Douglas Channel is in the traditional territory of the Haisla Nation. The KM LNG project at Bish Cove is on Haisla Reserve No. 6  legally designated an industrial development by the federal government. Any changes to that project and to the Kitimat waterfront as a whole will require intensive negotiations with the Haisla Nation.

Blunder No 4. The state of Canadian democracy

It took five days, from the time of the minister’s news conference on Monday until Friday afternoon, for officials in Transport Canada to return phone calls from Mayor Joanne Monaghan and Rose Klukas, to explain what was going to happen to the Port of Kitimat.

This week was yet another example of the decay of Canadian democracy under Stephen Harper. Executives from Tokyo to Houston to the City of London quickly return phone calls from the District of Kitimat, after all Kitimat is where the economic action is supposed to be. At the same time, the federal government doesn’t return those calls, it shows that something really is rotten in our state.

Blunder No 5. LNG

There are three liquefied natural gas projects slated for Kitimat harbour, the Chevron-Apache partnership in KM LNG, now under construction at Bish Cove; the Royal Dutch Shell project based on the old Methanex site and the barge based BC LNG partnership that will work out of North Cove.

None of these projects have had the final go ahead from the respective company board of directors. So has the federal government thrown the proverbial monkey wrench into these projects? Will making Kitimat a public port to promote Enbridge, help or hinder the LNG projects? Did the Ministry of Natural Resources even consider the LNG projects when they made the decision along with Transport Canada to take over the port?

And then there’s…..

Kitimat has a marina shortage, especially since RTA closed the Moon Bay Marina. The only one left, the MK Bay Marina, which is straining from overcapacity, is owned by the Kitimat-Stikine Regional District. That means there will be another level of government in any talks and decisions on the future of the Kitimat harbour. There are also the controversial raw log exports from nearby Minette Bay.

Although Transport Canada has promised “extensive public and stakeholder consultation,” one has to wonder how much input will be allowed for the residents of Kitimat and region, especially the guiding and tourism industries as well as recreational boaters. After all, the Harper government is determined to make Kitimat an export port for Alberta and the experience of the past couple of years has shown that people of northwest count for little in that process. Just look at the Northern Gateway Joint Review, which more and more people here say has no credibility.

Big blunder or more of the same?

I’ve listed five big blunders that are the result of the decision by the Harper government to turn Kitimat into a public port.

Are they really blunders or just more of the same policies we’ve seen from Stephen Harper since he became a majority prime minister?

This is a government that has muzzled scientific research and the exchange of scientific ideas. The minister who was in the northwest last week, who has demonized respect for the environment, is now squeezing the words “science” and “environment” anywhere into any message track or speech anyway he can.

The government closes the busiest and most effective coast guard station at Kitsilano without consulting a single municipal or provincial official in British Columbia. The government closes two of Canada’s crown jewels of scientific research, the Experimental Lakes Area in Ontario and the Polar Environmental Research Laboratory in Nunavut. Keeping the coast guard station and the two science projects open and funded would be a drop in the deficit bucket at a time that the government is spending countless millions of taxpayers’ dollars in promoting itself on every television channel in Canada.

That’s just the point. Joe Oliver’s fly-in, fly-out trip to Terrace was not supposed to have any substance. Changing the chairs at the Waap Galts’ap long house showed that it was more important to the Harper government to have some northwest coast wall art behind Joe Oliver for his photo op than it was to engage meaningfully with the northwest, including major corporations, First Nations and local civic and business leaders.

Joe Oliver’s visit to Terrace was an example of government by reality television. The decision to change the private port of Kitimat into a public port was another example of Harper’s government by decree without consulting a single stakeholder. The problem is, of course, that for decades to come, it will be everyone in northwest British Columbia who will be paying for those 30 second sound bites I recorded on Tuesday.


Epilogue: Alcan’s legacy for the socialist Prime Minister, Stephen Harper

If an NDP or Liberal government had done what Harper and Oliver did on Monday, every conservative MP, every conservative pundit, every conservative media outlet in Canada would be  hoarse from screaming about the danger from the socialists to the Canadian economy.

That brings us to the legacy left by R. E. Powell who was president of Alcan in the 1940s and 50s as the company was building the Kitimat project.

As Global Mission, the company’s official history, relates, in 1951, Alcan signed an agreement with the British Columbia provincial government, that “called upon the company to risk a huge investment, without any government subsidy or financial backing and without any assured market for its product.”

According to the book, Powell sought to anticipate any future problems, given the tenor of the times, the possible or even likely nationalization of the smelter and the hydro-electric project.

So Powell insisted that the contract signed between Alcan and the province include preliminary clauses acknowledging that Alcan was paying for Kitimat without a single cent from the government:

Whereas the government is unwilling to provide and risk the very large amounts of money required to develop those water powers to produce power for which no market now exists or can be foreseen except through the construction of the facilities for the production of aluminum in the vicinity and….

Whereas the construction of the aluminum plant at or near the site of the said waterpower would accomplish without risk or to the GOVERNMENT the development power, the establishment of a permanent industry and the new of population and….

(Government in all caps in the original)

…the parties hereto agree as follows (the agreement, water licence and land permit)

Powell is quoted in the book as saying:

I asked the political leaders of BC if the government would develop the power and sell the energy to Alcan and they refused. We had to do it ourselves. Someday, perhaps, some politician will try to nationalize that power and grab it for the state. I will be dead and gone but some of you or your successors at Alcan may be here, and I hope the clauses in the agreement, approved by the solemn vote of the BC legislature, will give those future socialists good reason to pause and reflect.

In the late 1940s and early 1950s, the federal government had very little to do with the Kitimat project. With the declaration that Kitimat will be a public port, the federal government comes to the party 60 years late. But one has to wonder if the late Alcan president, R.E. Powell, ever considered that the “future socialists” he hoped would “pause and reflect” would be members of Canada’s Conservative party, Stephen Harper, Joe Oliver and Denis Lebel?

Harper government outlines new tanker safety measures for west coast

The federal government outlined new tanker safety measures in Vancouver Monday, measures aimed at increasing support for the Enbridge Northern Gateway project and the Kinder Morgan pipeline twinning projects.

The detailed announcement as it appears on the Transport Canada website (as of 2250 PT Monday March 18) seems to redesignate the port of Kitimat, which has been private since the town was built 60 years ago, as a public port, saying (and misspelling the town’s name)

Public port designations: More ports will be designated for traffic control measures, starting with Kimitat.

The Transport Canada news release which also says Kitimat will be a public port does spell the name correctly.

Bill C-57 which was introduced in the House of Commons on Monday makes no mention of redesignating Kitimat as a public port. Bill C-57 is the bill needed to implement the measures announced by the government on Monday.

Other measures as outlined in the news release are:

 

Today, the government has also tabled the Safeguarding Canada’s Seas and Skies Act, which is amending the Canada Shipping Act, 2001. The proposed amendments will:

strengthen the current requirements for pollution prevention and response at oil handling facilities;
increase Transport Canada’s oversight and enforcement capacity by equipping marine safety inspectors with the tools to enforce compliance;
introduce new offences for contraventions of the Act and extend penalties relating to pollution; and
enhance response to oil spill incidents by removing legal barriers that could otherwise block agents of Canadian response organizations from participating in clean-up operations.
In addition, the Ministers announced eight measures to strengthen Canada’s tanker safety system:

Tanker inspections: The number of inspections will increase to ensure that all foreign tankers are inspected on their first visit to Canada, and annually thereafter, to ensure they comply with rules and regulations, especially with respect to double hulls.

Systematic surveillance and monitoring of ships: The government will expand the National Aerial Surveillance Program.

Incident Command System: The government will establish a Canadian Coast Guard (CCG) Incident Command System, which will allow it to respond more effectively to an incident and integrate its operations with key partners.

Pilotage programs: We will review existing pilotage and tug escort requirements to see what more will be needed in the future.

Public port designations: More ports will be designated for traffic control measures, starting with Kitimat.

Scientific research: The government will conduct scientific research on non-conventional petroleum products, such as diluted bitumen, to enhance understanding of these substances and how they behave when spilled in the marine environment.

New and modified aids to navigation: The CCG will ensure that a system of aids to navigation comprised of buoys, lights and other devices to warn of obstructions and to mark the location of preferred shipping routes is installed and maintained.

Modern navigation system: The CCG will develop options for enhancing Canada’s current navigation system (e.g. aids to navigation, hydrographic charts, etc) by fall 2013 for government consideration.

 

Skeena Bulkley Valley MP Nathan Cullen called the statement by Natural Resources Minister Joe Oliver and Transport Minister Denis Lebel as “greenwash.”

Cullen called the announcement in Vancouver “another attempt to distract from the real and serious environmental, social and economic threat the Northern Gateway pipeline poses to British Columbia.”

The government’s announcement that it will take new steps to increase inspections and aerial surveillance of tankers does not come close to addressing the real concerns that British Columbians and Canadians have about oil spills on the majestic BC coast, said Cullen.

“I think concerned citizens will look at these proposals and, like we have, conclude they’re half-measures,” said Cullen. “People have credible fears about the project,” noting a recent study from the University of British Columbia which pegged the potential costs of a major oil spill on BC’s north coast at $9.6 billion, and the fact that Northern Gateway hasn’t provided convincing real-world evidence that their primary spill response mechanisms – booms, skimmers and dispersants – will be able to work along the BC coast. Cullen also pointed to calculations by a 25-year veteran in the oil spill response industry, which used Enbridge’s own research to show a 8.7% to 14.1% chance of a major oil spill in the project’s first fifty years.

“The risks are enormous, and the consequences of a spill would be devastating,” Cullen noted. “But the prime minister and his cabinet appear to have already made up their minds about the project, so rather than actually listen and respond to the concerns of British Columbians, they’ll resort to half-measures and playing the public relations game.

“Since they came to a majority, the government has taken every opportunity to undermine our environmental assessment process, muzzle scientists, and slash protections for our lakes and rivers. And now they’re realizing they’ve axed their own credibility on the environment and public engagement. If the government were serious about convincing the public that this is a safe project, they’d take the time to sit down with the communities and address the big picture facts about this project, instead of going for the low-hanging fruit like they’ve done today.”

Links to Transport Canada backgrounders

Creation of the Tanker Safety Expert Panel

World-Class Tanker Safety System: Amendments to the Canada Shipping Act, 2001 (Safeguarding Canada’s Seas and Skies Act)

World-Class Tanker Safety System: Safe tankers through rigorous inspection and prevention

World-Class Tanker Safety System: liability and compensation

 

MORE TO COME

Ellis Ross denies reports Haisla are softening position on Enbridge Northern Gateway

Ellis Ross, Chief Counsellor of the Haisla Nation tonight denied reports published in the Globe and Mail that the Haisla are softening their stand against the Enbridge Northern Gateway pipeline project.

Ross told Northwest Coast Energy News that the Haisla stand by their filings with the Northern Gateway Pipeline Joint Review Panel that the First Nation is opposed to the project that would build a pipeline to Kitimat to carry bitumen from Alberta and then ship to Asia by tanker.

Ross confirmed that the Haisla have withdrawn from its membership in Coastal First Nations, largely due to disagreements on liquified natural gas projects. The Haisla are a partner in the BC LNG project and have an agreement supporting the KM LNG project at Bish Cove which is in Haisla traditional territory.

In the Globe and Mail story Haisla First Nation withdraws from anti-Northern Gateway group, reporter Nathan Vanderklippe wrote:

The Haisla First Nation, an aboriginal group situated at the terminus on the B.C. coast of the proposed Northern Gateway pipeline, has pulled out of an organization that has stridently opposed the controversial project, and called for greener practices in the export of natural gas.
The Haisla said they have withdrawn from Coastal First Nations, effective immediately, amid a first nations debate about the environmental impact of West Coast industrial development that has now blown out into the open. The move also comes amid a softening Haisla stance toward oil exports from their traditional territory, which some see as evidence that the tide is turning on opposition to Gateway.

Ross strenuously denied that there has been any change in the Haisla opposition to the Northern Gateway project as the Globe and Mail is reporting. He says the disagreements with Coastal First Nations comes from the fact that the LNG project terminals are in Haisla traditional territory.

Another member of the Coastal First Nations, the Gitga’at First Nation at Hartley Bay told the Vancouver Sun it was worried about “huge volumes of pollutants could be pumped into the air associated with the development of a liquefied natural gas industry at Kitimat, affecting the health of the aboriginal community.” Gitga’at councillor Marven Robinson told the Sun that the First Nation is not opposed to LNG, but is questioning the risks and is seeking more information.

Ross said the Haisla Nation Council will likely issue a statement in the coming hours.

 

(more to come)

 

New Joint Review Panel possible for Coastal GasLink pipeline project to Kitimat

The federal Environment Assessment Agency is asking northwestern British Columbia to comment on whether or not a federal assessment is needed for the TransCanada Coastal GasLink pipeline project that would feed natural gas to the proposed Shell facility in Kitimat.

In a news release from Ottawa, the CEAA said:

As part of the strengthened and modernized Canadian Environmental Assessment Act, 2012 (CEAA 2012) put in place to support the government’s responsible resource development initiative, the Canadian Environmental Assessment Agency must determine whether a federal environmental assessment is required pursuant to the CEAA 2012 for the proposed Coastal GasLink Pipeline Project in British Columbia (B.C.). To assist it in making its decision, the Agency is seeking comments from the public on the project and its potential effects on the environment.

Coastal GasLink Pipeline Ltd. is proposing the construction and operation of an approximately 650-km pipeline to deliver natural gas from the area near the community of Groundbirch, B.C. (40 km west of Dawson Creek) to a proposed liquefied natural gas facility near Kitimat, B.C. The project will initially have the capacity to flow approximately 1.7 billion cubic feet of natural gas per day and could deliver up to approximately 5.0 billion cubic feet per day of natural gas after further expansion.

Written comments must be submitted by December 3, 2012.

Like the current Enbridge Northern Gateway project Joint Review Panel and the National Energy Board hearings in June 2011 on the Kitimat LNG project all comments received will be considered public.

The CEAA says after it has received the comments whether or not there should be an assessmet, it will post a decision on its website stating whether a federal environmental assessment is required.

The CEAA goes on to say:

If it is determined that a federal environmental assessment is required, the public will have three more opportunities to comment on this project, consistent with the transparency and public engagement elements of CEAA 2012.

Projects subject to CEAA 2012 are assessed using a science-based approach. If the project is permitted to proceed to the next phase, it will continue to be subject to Canada’s strong environmental laws, rigorous enforcement and follow-up, and increased fines.

If there is a federal assessment, the most likely course would be to create a new Joint Review Panel. However, this will not be a JRP with the National Energy Board, because the Coastal GasLink project does not cross a provincial boundary, thus it would not make it subject to scrutiny by the NEB.

Instead, if current practice is followed (and that is uncertain given the evolving role of the Harper government in environmental decisions) the new JRP would be in partnership with the British Columbia Oil and Gas Commission, which has jurisdiction over energy projects that are entirely within the province of BC.

However. Shell will have to apply to the NEB for an export licence for the natural gas as both the KM LNG and BC LNG projects did last year. That could result in parallel hearings, one for the export licence, and a second on the environmental issues, which, of course, is the direct opposite of what the Harper government intended when it said it would speed up the reviews with its “one project, one review” policy.

 

Confusion at Alberta Jackpine JRP

At present, there is a  CAEE-Alberta Energy Resources Conservation Board Joint Review Process underway in northern Alberta for the controversial Shell Canada Jackpine project.  Shell has proposed expanding the Jackpine Mine about 70 kilometres north of Fort McMurray on the east side of the Athabasca River. The expansion project would increase bitumen production by 100,000 barrels per day, bringing production at the mine to 300,000 barrels per day.

The Jackpine Joint Review Panel is the first to held under the new rules from Bill C-38 that limit environmental assessment.

The lead up to the Alberta Jackpine Joint Review Panel hearings was mired in confusion, partly because of the restrictions imposed by the Harper government in Bill C-38 which limited the scope of environmental assessments.

The local Athabasca Chipewyan First Nation is opposed to the project and, in October, argued that it should be allowed to issue a legal challenge against Shell’s proposed expansion of the Jackpine project.

According to initial media reports in The Financial Post, the Joint Review Panel excluded First Nations further downstream from the Jackpine project ruling and individual members of the Athabasca Chipewyan First Nation that they were not “interested parties.” The Post cited rules on who can participate were tightened up when the Harper government changed the criterion for environmental assessment under Bill C-38. The Financial Post reported a French-owned oil company was permitted to participate.

On October 26, the Jackpine JRP ruled that it did not have the jurisdiction to consider questions of constitutional law, but told the Athabasca Chipewyan First Nation and the Alberta Metis that it would “consider the evidence and argument relating to the potential effects of the project brought forward by Aboriginal groups and individuals during the course of the hearing.”

A few days after the Financial Post report, Gary Perkins, counsel for the Jackpine Joint Review Panel released a letter to participants including Bill Erasmus, Dene National chief and Assembly of First Nations regional chief, who said he was denied standing. There appears to have been confusion over how people could register as intervenors for the Jackpine hearings, since according to the Perkins letter they apparently did so on a company website that no relation to the Jackpine JRP. Perkins also attempted to clarify its constitutional role with First Nations, saying it did not have jurisdiction to decide whether or not the Crown was consulting properly. (PDF copy below)

The Perkins letter also said that the Fort McKay First Nation, Fort McMurray First Nation #468, the Athabasca Cree First Nation, Fort McKay Metis Community Association and the Metis Association of Alberta Region 1 plus some individual members of First Nations are allowed to participate in the hearings.

Controversy continued as the hearings opened, as reported in Fort McMurray Today, that there was poor consultation between Shell and the local First Nations and Metis communities.

On November 8, ACFN spokesperson Eriel Deranger and Athabasca Chipewyan Chief Allan Adam said the project was a threat to the traditional life of Alberta First Nations: “Our land … have shrunk and continue to shrink because of the development,” Adam told the newspaper.

Hot potato for the District of Kitimat

The arcane rules of the Northern Gateway Joint Review Panel has caused months of confusion and frustration for many of those who participated, whether they from the BC provincial Department of Justice or other government participants, intervenors or those making ten minute comments.

Although most people in northwestern British Columbia support the liquified natural gas projects, the prospect of a new Joint Review Panel could likely quickly become controversial in this region. A Coastal GasLink JRP will be the first real test of the restrictions on environmental review imposed on Canada by the Harper government. Environmental groups, especially the few groups that oppose any pipeline projects, will be wary of precedents and likely to test the limits from Bill C-38. Both environmental groups and First Nations will be on alert for any limitations on who can participate in a review. First Nations, even if they support the LNG projects, as most do, will be wary of any attempt by the federal government to limit consultation, rights and title.

A Coastal Gaslink JRP will be a big hot potato for District of Kitimat Council, which has taken a controversial strictly neutral position on the Enbridge Northern Gateway pipeline project until after that Joint Review Panel reports sometime in 2014. Can the District Council now take a positive position on a natural gas pipeline, which from all appearances council supports, long before a Coastal GasLink JRP report (if there is a panel) without facing charges of hypocrisy?

The northwest is in for interesting times.

Canadian Environmental Assessment Page for Coastal GasLink Project

CEAA Coastal GasLink project description  (pdf)

Letter about participation in the Jackpine JRP

 

BC asks municipalities to “clarify” earthquake and tsunami response

Update:B.C. modifies, enhances emergency notification process (Official news release)

CBC: New tsunami warning protocol rolled out in B.C.

EmergencyInfoBC Please be advised that @EmergencyInfoBC is the only authorized emergency alert feed for Gov’t of BC.
Tweet Thu 8 Nov 11 48

The British Columbia Solicitor General’s department is asking northwest municipalities to “clarify the initial response actions” to the October 27 2012, magnitude 7.7 earthquake off Haida Gwaii and the resulting tsunami warning.

A covering letter to municipalities from Lori Wannamaker BC Deputy Solicitor General says the province is reviewing the response to the earthquake and tsunami and is “seeking input from affected community leaders.” The package includes a letter sent to Emergency Program Coordinators across British Columbia, adding: “Input will be sought in an endeavour to hear from those directly impacted as a measure of enhancing our operations and response,” adding. “Events like present all levels of government with a learning opportunity.”

In the main letter to the municipalities outlining emergency procedures, the department also offers a time line of its response to the incident.

Clarify the initial response actions

The package sent to municipalities by Rebecca Derlinger, Assistant Deputy Minister /Fire and Emergency Management Coordinator, opens by saying: “The earthquake/tsunami event on October 27, 2012 demonstrated the high level of emergency preparedness that has been undertaken by local governments in BC. Elected officials and emergency managers in all impacted communities deserve praise for a timely and effective response that was undertaken, including evacuations.”

But in the next paragraph the letter goes on to say: “Prior to the completion of the provincial debrief process, we would like to clarify the initial response actions of local government emergency management personnel including how information should be managed after an earthquake that impacts BC.”

The letter also says that “Local governments must complete a hazard risk and vulnerability analysis for their communities according to the Emergency Program Act and regulations, keeping in mind that all parts of British Columbia have a risk of earthquake impacts. Coastal communities have the added risk of tsunami.”

The letter then outlines three scenarios for various communities

  • Significant earthquake is felt in a community located in an area with tsunami risk
  • Earthquake is not felt, however, a community is located in an area with tsunami risk (teletsunami)
  • Earthquake is felt in a community that is not located in area that has tsunami risk

In all three scenarios it says Emergency Management BC “will provide the general public with ongoing situational awareness through:

  • EmergencyInfoBC blogsite
  • Social media such as Twitter
  • Mainstream media (press conferences and releases)

For areas such as Kitimat, which is in a possible tsunami zone, the letter advises “Local governments should undertake the following emergency response activities immediately following a significant earthquake (do not wait for official notification)

  • Activate their local emergency response plans and if deemed necessary
  • Active local first responders
  • Undertake public alerting and initiate evacuations of low lying areas
  • Open an emergency operations centre in a safe location
  • Report to EMBC
  • Ensure ongoing public messaging to their citizens
  • Gather information to develop situational awareness

For areas that don’t feel the earthquake, the province recommends

Local governments should undertake…emergency response activities immediately following the receipt of a West Coast Alaska Tsunami Warning Centre (or WCATTWC) and/or EMBC notification of a potential tsunami event. It then calls on local emergency officials to follow the same procedure outlined above “if a notification indicates an increased risk of a tsunami (warning or advisory only)

As you can see from the Twitter profile, Emergency Info BC works during normal office hours, Monday to Friday unless there is a declared emergency

The warnings October 27


In the letter the province outlines a time line of how the emergency system worked on October 27.

It says the provincial Tsunami Notification plan was activated at 8:10 pm. October 27, approximately four minutes after the earthquake.

In a provincial acronym soup it then says

The EMBC (Emergency Management BC) Emergency Coordination Centre initiated an internal resource request to activate the PECC (Provincial Emergency Coordination Centre) and the PREOCs (Provincial Regional Operations Centres).

EMBC and Temporary Emergency Assignment Management System (TEAMS) staff were in attendance at PECC and PREOCs by 8:33 pm.

“Based on the initial bulletin from WCATTWC, social media staff sent out a message via Twitter” at 8:48 pm At that time EMBC regional offices began contacting communities with potential tsunami risk by telephone. “Subject matter experts from Natural Resources Canada and Canadian Hydrographic Service were contacted by PECC at 8:30 pm and at 9 pm to review the information received from WCATWC.

“Based on these discussions, the PENS (Provincial Emergency Notification) was initiated at 9:05 while efforts to make contact with those communities under tsunami warning continued.

At 10:45 pm a media conference call was held by the Minister of Justice.

The letter continues to say that conference calls were held with EMBC, US state emergency management offices, and the West Coast Alaska Tsunami Warning Centre hourly until the final cancellation of the west coast warning by WCATWC at 2:47 am Sunday morning and by the province at 3:03 am

It concludes “Staff responsible for social media were actively engaged in informing the public.”

Denlinger’s letter then goes on to note that the provincial debrief will include “a discussion on the information flow from the province to emergency management stakeholders and the public (for example the use of social media as a communications tool for public awareness of the event)… This information….will assist in the creation of a provincial after action report and in the enhancement of subsequent provincial earthquake and tsunami response plans.”

How warnings worked on November 7

 

Earthquake November 7
Earthquake Nov. 7, 2012 (USGS)

On November 7, 2012, the US Geological Survey reported a 6.3 magnitude earthquake took place at 6:01 pm. Pacific Standard Time off the west coast of Vancouver Island, 186km (116mi) south southwest of Port Hardy.

At 6:06 I received an automatic text message from the West Coast Alaska Tsunami Warning Centre
Tsunami Info Stmt: M6.3 085Mi SW Port Alice, British Columbia 1802PST Nov 7: Tsunami NOT expected #WCATWC

At 6:07 I received an automatic tweet from Canadaquakes : @CANADAquakes: Automatic detection of seismic event: magnitude 4.4 – 7 Nov 18:01 PST – PORT HARDY, BC region

At 6:15, I received the WCATWC message on Twitter that I had received 9 minutes earlier via text
Tsunami Info Stmt: M6.3 085Mi SW Port Alice, British Columbia 1802PST Nov 7: Tsunami NOT expected #WCATWC

@EmergencyInfoBC retweets the WCATWC message

At 6:27 Canada quakes updated their tweet with corrected information: @CANADAquakes: EARTHQUAKE Mag=6.3 on 07 Nov at 18:01 PST. Details : http://t.co/OL9RTPKC 101 km SSW of Port Alice, BC

@EmergencyInfoBC retweets the CANADAquakes message

Analysis The province didn’t get it

Tweets from Emergency Info BCRead between the lines of the Solicitor General’s letter and a couple of things stand out. While at first the officials say things went fine according to procedures in the book, events appear to show that in practice, the system didn’t work as well as expected on the night of October 27.

First the province, reminds municipalities of that they “must complete a hazard risk and vulnerability analysis for the communities.”

Second, while EM BC social media staff were, according to the letter, “were actively engaged in informing the public,” there was actually scant evidence of that during the crucial first 90 minutes after the earthquake on Haida Gwaii. While the emergency coordination officials and bureaucrats apparently were well informed about what was happening, the public was not. As I pointed out in an earlier post, differences between the US and Canadian warning systems contributed to the confusion. As well there was a problem on both Twitter and Facebook of rumour, misleading and false information being posted on social media during that crucial 90 minutes.

The line about the “the use of social media as a communications tool for public awareness of the event” is a clear indication that not all went well with the EM BC Twitter feed the night of the Haida Gwaii earthquake.

While Emergency Info BC is a sort of blog, again you have to know to go there and it is only active during an emergency. There were no posting on the night of the earthquake and tsunami. The last “blog” was during the Johnson’s Landing landslide evacuation in July 2012, and even that doesn’t give much information. Looks like Emergency Info doesn’t understand that a blog entry that says “no danger, nothing much is happening” is just as important as evacuation instructions.

The main website is Emergency Management BC,  with a link to the Info site—if there is an emergency—not exactly a prime example of web design for someone in a hurry, whether an official, the media or the public, since it was what the web calls “brochure ware.”

The first indication of whether or not there would be major danger to the BC coast on Oct. 27 was at Langara Island at 9:16 pm. Local officials in northwest BC were monitoring Langara and the relatively low surge indicated–at least at that time– that danger was not as great as feared. Yet it was only seven minutes earlier that EM BC activated the Provincial Notification Program at 9:05, and that was an hour after it was known that the earthquake was 7.7 in magnitude, which had the potential for catastrophic damage. The tweets that I saw about the small surge at Langara, came from Prince Rupert. It is in a situation like the Langara monitoring that the Emergency Info blog would have been relevant.

The need for constant official updates is clear. Earthquakes do not work 8:30 to 4:30, Monday to Friday. The province has to be able to activate emergency notification much faster. If a web journalist whether working for the mainstream media or a responsible individual on a small site can tweet or post in seconds, usually working from a home office or even a smart phone, emergency officials can do the same.

In these days, travel by government officials is often frowned upon. A couple of months from now, when New York and New Jersey have recovered from the Superstorm Sandy and this weeks Nor’easter, a visit from BC emergency officials is in order to see how it is done.

Apache delays Kitimat decision again, Wall Street Journal reports

The Wall Street Journal (subscription required) is reporting that Apache has once again delayed its decision whether or not to go ahead with the Kitimat LNG project.

So far there is no news release on the Apache site and no other media has matched the Wall Street Journal story.

Analysts are blaming the decision on the recent move by some players in the energy industry to sell natural gas to Asia at low  North American prices, rather than the world price, which is determined as a percentage of the price of oil.   A move by Asian countries to buy LNG at the lower North American market price would undercut the profitability of any LNG export project through Kitimat.

 

 

 

Kitimat LNG progressing–or is it?

At the District of Kitimat Council meeting on Monday, October 1, as part of Mayor Joanne Monaghan’s regular “good news” briefing, she told council that the Kitimat LNG  project continues to “progress positively.”  The news from Calgary on Tuesday, however, was not as promising.

Both Bloomberg News and the Calgary Herald reported that  Apache, which owns 40 per cent of the KM LNG partnership is worried about a recent decision by a rival gas company to sell natural gas to world markets at low North American prices rather than, as been customary up until now, as percentage of the world oil price. That differential gives the North American gas companies a profit in Asia and it is that profit difference that makes Kitimat attractive for LNG projects.

At the council meeting, Monaghan reported, quoting Apache’s  Apache’s Manager of Public and Government Affairs Natalie Poole-Moffatt, as saying that  Kitimat LNG will be opening a full time community office in downtown Kitimat near the City Centre mall in the near future.  Apache says renovations are nearly complete and they will be holding an open house in the near future.

Monaghan said that work on the Kitimat LNG site at Bish Cove continues with blasting to create proper elevation, crushing and sorting of rock and constructing an access route to the forest service road. This summer work began on the two year $25 million upgrades to the old forest service road “which will improve conditions on the road.”

However, in Calgary, the Herald quoted KM LNG vice-president David Calvert as saying “things are going so well that it has been decided to risk spending on clearing ground before completion of the front end engineering and development study and final investment decision.”

But according to several media reports,  Calvert told an Energy Roundtable in Calgary on Tuesday that a final go-ahead for Kitimat LNG is not a done deal. the Herald quoted Calvert as saying: “We remain convinced that oil-linked pricing is critical to the viability of our Canadian LNG industry.”

Bloomberg reported that a recent deal by Cheniere Energy Inc. to sell liquefied natural gas based on North American pricing (also known as Henry Hub pricing) means that it is difficult for Apache to find Asian customers to sign the long term LNG contracts needed to make the Kitimat project viable. (Asian LNG prices are based on the “Japan Customs Cleared Price” set by the Japanese government as a percentage of the price of crude oil).

Bloomberg quoted Calvert as saying: “It created quite a ripple through the marketplace,” and Bloomberg said, the Cheniere deal has created “unrealistic expectations.”

Related

Globe and Mail

Canadian gas producers dreaming big – again 

Canada losing the race to sell LNG

Updated

The Haynesville Shale

Cheniere Deal Hurts Canadian LNG Project

Cheniere is less sensitive to prices given its role as a middleman, while Apache, Encana and EOG are producers, for whom the price is very important.  One advantage of Kitimat is its west coast location, but that is only a minor cost advantage over Gulf Coast facilities.

The clock is ticking on Kitimat.  It sounds like Asian buyers are sitting on the sidelines waiting for lower prices.  Right now the U.S. government is sitting on future LNG approvals pending the release of a study around year-end.  If the U.S. approves the pending applications, a proverbial flood of LNG will come to market with Henry Hub-based pricing.  At that point Kitimat’s owners will be in a tough spot.  Kitimat is vital to B.C., but the economics might not work.

Wall Street Journal

Cheniere Lights a Match in the Gas Market

 

Minor oil leak at Bish Cove

In a report to District of Kitimat Council, Apache’s Manager of Public and Government Affairs,  Natalie Poole-Moffatt,  also reported that on September 19, an oil leak was spotted on a piece of heavy equipment at Bish Cove.  The report says;

WestCoast Marine was notified and booms were deployed as a preemptive measure in Bish Cove, no machine oil has migrated to Bish Cove. Environmental crews are on site executing a remediation plan.  Both the [BC] Provincial Emergency PLan (PEP) and Aboriginal and Northern Affairs Canada  were notified of the incident.

The piece of equipment  is currently being repaired and will undergo operational tests to ensure  the equipment can function without further concern.  Environmental staff will remain on the site 24/7 until remediation is complete.

Rio Tinto worried about LNG “shortage” in Australia

http://storify.com/nwcstenergynews/rio-tinto-worried-about-lng-shortage-in-australia

On the opposite site of the world, Kitimat, site of the Rio Tinto Alcan aluminum smelter, is poised to become a major export port for Canadian liquefied natural gas.

Harper government reserves Gateway environmental decision for the cabinet, sets Dec. 31, 2013 deadline for JRP

The future of the Northern Gateway project is now completely in the hands of Prime Minister Stephen Harper’s cabinet.

Today, Friday, August 3, 2012, Environment Minister Peter Kent used the provisions of what the Harper government calls the Jobs, Growth and Long Term Prosperity Act (former Bill C-38) to set a final deadline for a report from the Northern Gateway Joint Review Panel  on December 31, 2013 and reserve the final environmental decision for the Governor-in-Council.

Today’s move, in effect, is the final gutting of the Joint Review Process, making it irrelevant, since, as long suspected, the government will now make the decision on its own.

The Joint Review Panel no longer has the power to reject the Northern Gateway on environmental grounds, that is now solely up to the Harper cabinet. Once the Gateway project is approved, as expected, the NEB has been ordered to issue the approval certificate within seven days.

By releasing the news on a Friday afternoon before a holiday weekend, the Harper government spin doctors through Environment Minister Peter Kent have also pulled the classic government move of releasing bad news when it will least be noticed.

There is also the new agreement between the Ministry of Environment and the National Energy Board. The revised memorandum of agreement says:

The Governor in Council will make the decision on the environmental assessment (whether the project is likely to cause significant adverse environmental effects and if, so whether such effects are justified in the circumstances). The Governor in Council will decide, by order, whether the board should issue a certificate and will give reasons for the order.

Under the act, the NEB now has to file its environmental assessments within 543 days of the act coming into force, hence the imposed deadline.

If there are no excluded periods this would mean that the environmental assessment and report must be submitted no later than Dec. 31, 2013.

The final paragraph of Kent’s letter also says

If the Project is approved by the Governor in Council, the NEB will issue the certificate of public convenience and necessity within seven days of the Governor in Council’s order.

That’s a clear indication that the Harper government still intends at this point to fast track the Northern Gateway project.

Apart from giving the most environment unfriendly cabinet in Canadian history the decision power, most of the memorandum of agreement are legalistic changes necessary to bring the former agreement into compliance with the new law.

The environmental sections of the agreement, based on the amendments to the Environmental Assessment act have a couple of interesting points

any change that the project may cause in the environment, including any change it may cause in listed wildlife species as critical habitat or residences of that species….

Although the memo goes on to say

any change to the project that may be caused by the environment whether such change or effect occurs within or outside Canada

While this may be simply legalistic language, given the overall tone of the Harper government’s policy, especially the changes in the Fisheries Act that only protects fish habitat when it affects  commercial species, one has to wonder if the emphasis on listed (that is threatened or endangered) species is again a narrowing of the criterion for approving the pipeline.

The second phrase is also ambiguous, seemingly to imply that the environment could be to blame  for any problems the project may face. Opponents have long pointed out that the environmental conditions and risks such as geologic instability along the pipeline route and the heavy weather in the waters off British Columbia are factors that increase the danger of an oil spill event whether on land or sea. However, the new agreement  presents an almost Orwellian scenario that would blame the environment, an “Act of God” in insurance terms, rather than the company or the government for any future disaster.

The main phrase in the agreement “whether such effects are justified in the circumstances” clearly indicates that the Harper government is fully prepared to ignore the environmental fallout of the Northern Gateway project and so the stage is set for a much wider political battle.

Peter Kent letter to JRP concerning the Northern Gateway Pipeline Project  (pdf)

Amendment to the Agreement concerning the Joint Review of the Northern Gateway Pipeline Project  (pdf)

 

 

 

Tony Clement’s statement that Joint Review Panels cover “irrelevant issues” angers Ontario First Nations

Last Monday, the government of Stephen Harper sent cabinet ministers across the country to counter that day’s anti-censorship Blackout Speakout campaign by talking up “responsible resource development.”

That move now appears to be backfiring, at least in the case of Treasury Board minister Tony Clement, whose  reported remarks in Thunder Bay that Joint Review Panels allow “individuals to use the assessment to discuss irrelevant issues that delay projects from mining to oil and gas that create jobs” have brought a swift and angry response from local First Nations.

Clement had come to Thunder Bay to promote what is called Ontario’s “Ring of Fire” an area of extensive mining exploration and development.

On a local Thunder Bay news site, tbnewswatch, reporter Jamie Smith covered Clement’s speech at a company called Coastal Steel. Smith’s report says:

Current joint-panel review environmental assessments are duplicating the process and allowing individuals to use the assessment to discuss irrelevant issues that delay projects from mining to oil and gas that create jobs.

“Before you know it it’s going to take a decade or more if the project is a viable project that we want to go ahead with it takes a decade or more to get to a stage where you can actually get it done. That’s inexcusable,” he said.

Those words are not in Clement’s speech as posted on his website. That speech simply repeats the current government line on resource development:

We need to ensure timely, efficient and effective project reviews. This will keep us competitive with other resource-producing nations.

We need a system that promotes business confidence and attracts investment while strengthening our world-class environmental standards.

Here’s what this new legislation will achieve:

• First, it will make project reviews more predictable and timely;
• Second, it will reduce duplication of project reviews;
• Third, this bill will strengthen environmental protection; and
• Fourth, it will enhance consultations with Aboriginal peoples.

To streamline and modernize our outdated regulatory system, we will take a whole-of-government approach. We want to put in place a new system of “one project, one review” that operates within a clearly defined time period…

The fact is, our new plan will strengthen environmental safeguards, including tanker and pipeline safety. And for the first time, it will provide enforcement of environmental assessment conditions under the Canadian Environmental Assessment Act. It will also strengthen pipeline inspections and introduce tough new monetary penalties for violations of National Energy Board conditions on new pipeline projects.

(So far, no one in the Harper government has been able to explain how it is “strengthening environmental safeguards, including tanker and pipelne safety” while severely cutting the staff and resources of Environment Canada, Fisheries and Oceans and the Canadian Coast Guard).

According to a second northwestern Ontario news site, netnewsledger, a number of local First Nations quickly expressed their anger at Clement’s remarks about the irrelevancy of a JRP.

Chief Roger Wesley of Constance Lake First Nation took aim at the Federal Government today saying Minister Clement’s comments in Thunder Bay this week signal a new and unfortunate turn in the Government’s relationship with First Nation Peoples.

“I am worried, but also saddened,” said Wesley….

“A Joint Review Panel EA would give time for appropriate consultation and a serious look at the impacts on the land, but also on our people. Impacts to our culture, our communities, our land and way of life are not irrelevant!” said Chief Wesley….

“And as far as First Nations not having a veto, legal precedents have already been set in this country that indicate the government must seek First Nation consent if there is the possibility of serious negative impact from development on our traditional lands. They clearly do not respect their own constitution. It is a sad and frightening day when the Canadian government makes such outrageous comments.

A second northwestern Ontario chief, Sonny Gagnon of Aroland First Nation is quoted as saying:

“When a federal minister states publicly that First Nation concerns are irrelevant, everyone in this country should be worried. Today it our rights, tomorrow it could be yours. Don’t get in the way of the Government’s resource development expansion or your rights will be deemed irrelevant.”

“Furthermore the Government is using some pretty creative accounting procedures if they believe they have provided our First Nations with the finances to respond to the Ring of Fire developments.

Tony Clement has just set our Treaty Relationship back 100 years to the time when railway expansion led to the displacement and brutal mistreatment of our people, leaving a legacy of suffering.”

Northwest Coast Energy News could not independently verify whether Clement departed from his prepared text or later told reporters that a Joint Review covers “irrelevant issues.” However, now with Ontario First Nations objecting to the reports of the speech, this controversy is yet another blow to the credibility of all Joint Reviews. including the Northern Gateway Joint Review which will be here in Kitimat in couple of weeks to hear oral comments.  In the past few weeks, the Northern Gateway Joint Review has cut short its scheduled oral comment hearings in several BC communities, because those who registered are not showing up.  Reports in local media across northwestern BC say that the dropouts believe the Enbridge pipeline is now a foregone conclusion and that commenting before the JRP will have no affect on the outcome.

According to Wikipedia, the Ring of Fire is an area in the James Bay lowlands where there is growing mineral exploration. In his speech, Clement said:

The development of the Ring of Fire in Northern Ontario holds the potential for billions in mineral wealth. Private sector estimates indicate that the chromite resources there could be worth as much as $50 billion. There are estimates for deposits of base metals and platinum-group metals worth as much as $10 billion. And there may also be deposits of gold, iron and other minerals in the region.