Consumers’ Association of Canada Association des consommateurs du Canada Manitoba CAC Manitoba Submission To Federal Environmental Assessment Review Panel
Good afternoon. My name is Gloria Desorcy. On behalf of the Manitoba branch of the Consumers’ Association of Canada (CAC Manitoba), I would like to begin by thanking the panel for the opportunity to share some thoughts on environmental assessment with you today. CAC Manitoba is a non-profit, volunteer, independent organization that works to inform and empower consumers, and to represent the consumer interest in Manitoba. The organization operates a Consumer InfoCentre here in Winnipeg, and a toll-free consumer information phone line across Manitoba. As a result of this work and an outreach program, that includes workshops, information sessions, focus groups, and consumer engagement, the organization connected with approximately 14,000 consumers in Manitoba last year. Consumer Rights and Responsibilities Inspired by the input of consumers, much of the work of the organization is guided by eight consumer rights, including: · Right to information about products and services, including the impact of their production and development on communities and the environment · Right to education, sufficient for consumers to interpret information to help them make sound consumer decisions · Right to a safe and healthy environment, now and in the future, including the opportunity to choose products and services that are less harmful to 2016-11-16
1
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba that environment. · Right to a voice in making decisions for the marketplace, including the opportunity for informed participation in public review processes, such as environmental assessment. Along with those rights, consumers bear some responsibilities · To question the production and development of goods and services · To make socially responsible consumer decisions, considering the impact of their choices on other citizens, communities, and the environment, with a view to sustainability. · To voice their concerns regarding the impacts of production and provision of products and services, and to speak out for their rights, as consumers, and as taxpayers. In a competitive environment, and provided with sufficient information (which should be available through the environmental assessment process), consumers can sometimes express these choices with their purchasing dollars, supporting businesses and service providers whose production practices are in line with their principles. In CAC Manitoba’s experience with environmental assessment in Manitoba, however, the proponents coming forward are often monopoly providers. In these cases, the publicly accessible environmental assessment process becomes consumers’ proxy for another of the eight rights that we haven’t discussed…the right to choice. Environmental Assessment All of this brings us to the importance of evidence-based, transparent, publicly accessible environmental assessment to CAC Manitoba, and for consumers.
2016-11-16
2
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba CAC Manitoba has some experience with environmental assessment review before Manitoba’s Clean Environment Commission, most recently the reviews of the Bipole III transmission line, the Keeyask hydro-electric generating station, and the regulation of Lake Winnipeg, and prior to that, the federal/provincial review of the Waskwatum hydro-electric generating station. We have also been involved in proceedings reviewing the social, economic, and environmental sustainability of projects and initiatives before other regulatory tribunals, such as Manitoba’s Public Utilities Board. Our work has made an important contribution to: a) the commitment by the Province of Manitoba to hold a regional cumulative effects assessment for the Nelson River Watershed b) the decision by the Province of Manitoba to direct post project reviews of the Keeyask and Bipole III projects c) the commitment by Manitoba Hydro to implement Integrated Resource Planning giving significant weight to energy efficiency options. Background on our participation in environmental proceedings is attached to the paper copy of this document. We believe that CAC Manitoba brought credible evidence, consumer perspective, and a balanced representation of the consumer interest to the table as part of our participation in these proceedings…but we left with so much more. It probably sounds trite, but our participation in these proceedings, particularly over the last four years, has been an odyssey of revelation. What have we learned? There are a number of important aspects that should be part of good environmental assessment. Our organization has adopted the twelve principles 2016-11-16
3
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba of environmental assessment that came out of the Federal Environmental Assessment Reform Summit. We see those principles as an integrated package. They are all necessary for good assessment. A list of the principles is attached to the printed copies of these comments. Who have we learned from? Of course, we have learned from experts bringing evidence and all the relevant policy communities who have participated with us in these proceedings. But most importantly to us as a consumer organization, we have learned from listening to consumers, and from the participation of consumers in these processes. Participation of consumer groups/organizations Let me begin by drawing a distinction between the representation of the consumer interest brought forward by organizations like CAC Manitoba and the representation of consumers concerns, the lived experience, that they bring forward themselves, exercising their right to a voice in decisions for the marketplace. Both are important aspects of good environmental assessment, and one should not be mistaken for the other. Organizations representing policy communities have an invaluable role to play in bringing forward informed perspective, and credible evidence, to test as many aspects as possible of the potential impacts of a project. To do a credible job, representative organizations, usually non-profits or charities, require a robust funding regime that promotes diligent fiscal responsibility and accountability in its recipients. Groups with limited funding and cash flow should be offered the opportunity to access partial funds early on in the process, once a proposed budget has been agreed upon. Also, it is important not to underestimate the value of well-funded participation by a policy community. One decent example of this is the funding parameters used by Manitoba’s Participant Assistance Regulation 125/91, which enables groups to hire expertise and legal representation, enabling them to participate in the process effectively, 2016-11-16
4
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba on a level playing field with the proponent, and to the benefit of all parties. These parameters also allow organizations to cover their own costs in the process. That is essential to ensuring that groups are able to devote the necessary time and human resources to providing credible representation. A short excerpt of this regulation is attached. It is important to remember that, while this example has good potential, it is at the discretion of the Minister of Conservation of the day, which can make it unpredictable. That lack of predictability can discourage some groups from even applying. Consumer Participation Proponents and regulators should not assume, however, that because organizations representing consumers, for example, are participating in a proceeding, or have been engaged along with other policy communities as part of an environmental assessment, that there is no need for public engagement, or that they have already engaged consumers. Good consumer or public engagement and participation is a key aspect of sound project planning, and the one that I plan to focus on for the remainder of my time. Conducting engagement in an effective and productive manner involves a certain way of thinking about the value of consumer input to project planning. It involves a willingness to hear from one of the largest relevant policy communities (the one that will ultimately pay the cost of all projects, either through the cost of products and services, or in their role as taxpayers), and a willingness to adjust or change plans based on that input. The timing of engagement is crucial. Consumers (who pay for the cost of most projects through the cost of the products they buy, or in their role as taxpayers) should be engaged several times throughout the planning process, and this should begin before plans are finalized. One of the major win-win benefits for proponents who conduct timely
2016-11-16
5
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba engagement is that they have time to properly inform consumers, so that their input can be well considered and useful. Making Change It should be possible for consumer input to make change. Real engagement must take place early enough for input received to make change in the plans of proponents. Consumers should be engaged again when plans have changed, to have an opportunity to comment on new plans, and to verify that they have been heard correctly. Another major benefit to proponents of this type of engagement is the buy-in of consumers. Having been properly heard, consumers are more likely to accept a final result that is not exactly what they hoped for, knowing that it comes closer to meeting their needs than the original plan. Information is Power Informed consumers provide informed input. One of the primary goals of engagement should be to inform consumers. Information should be readily available, and accessible in format and language, including on-line and video resources wherever possible. The University of Winnipeg has an excellent example of this, called the Legitimacy Project. Check out their videos on environmental assessment at https://m.youtube.com/watch?feature=youtu.be&v=xLf78iw4wvQ Information should be available well in advance of decisions being made. Opportunities for comment, participation, and engagement should be clearly explained and easy to access. The project itself, and the availability of information, must be advertised and promoted if proponents want to hear from consumers. An information registry, where consumers can go to get initial information, information updates, see changes in the plan based on consumer input over time,
2016-11-16
6
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba and learn about the ongoing status of environmental assessment and reviews would be an invaluable resource. Outreach No matter how well project engagement is advertised, it is still necessary to reach out to groups of consumers that will potentially be impacted. Not all consumers will come forward voluntarily. All consumers are not the same. And some consumers, or groups of consumers, may require special assistance to participate. This assistance may be specially targeted education/information, funding resources, or other supports. A common mistake of proponents is to assume that there is such a thing as an “average” consumer. When engaging on a particular project, it is vital that a sample of all impacted communities have an opportunity to participate. Some communities are less likely to participate voluntarily, due to cultural, health, language, or income-related barriers. Often, these consumers are also the most vulnerable to impacts in the marketplace, but have the most difficulty providing input. Without their input, a vital piece of the spectrum is missing. Variety is essential to engagement. Consumers should be offered a variety of ways to participate, including some that offer face to face participation, and some that provide the opportunity for written input. Social media and on-line opportunities are becoming an important tool for participation, particularly for engaging young consumers. How do you legislate a way of thinking? As we considered recommendations we could offer to this panel, it is easy to recommend that engagement of the type we outline above should be required for all environmental assessment and for assessment review proceedings.
2016-11-16
7
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba Our dilemma, however, is how to devise legislation or regulation that requires proponents to actually use that consumer input to make change…to actually listen to what consumers are trying to tell them…to think about public engagement as a part of their planning process. The closest we can come to this is a recommendation that a record of all engagement input must be available, and that decision-makers must document how that input has made change in the project, or where change was not made, document their rationale for that decision. Recommendations CAC Manitoba recommends that the Government of Canada: 1. Adopt the Twelve Pillars of Next Generation Environmental Assessment Regime, in total, as a basis for environmental assessment legislation. 2. Establish a participant funding mechanism aimed at supporting informed participation and creating a level playing field between the proponent and participant organizations. 3. Require public participation to be conducted as part of every environmental assessment and review process, including all the components of timing, access to participation, availability of information in various formats (including an information registry), inclusion of all affected communities of consumers, outreach and options for participation, as described previously in these remarks. 4. Require project proponents and decision makers to document a record of input gleaned from public participation, and to demonstrate the use of that input to make change, or to justify the decision not to use that input for change.
2016-11-16
8
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba On behalf of CAC Manitoba, thank you for your time and consideration of our comments today.
2016-11-16
9
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba Background on CAC Manitoba’s participation in environmental review proceedings CAC Manitoba's involvement in major environmental assessment proceedings dates back to the early 2000s. It has participated in major impact assessments of the $7 B Keeyask hydro-electric generating station, the $4.9 B Bipole III Transmission line and the $1.8 B Wuskwatim hydro-electric generating station. It also intervened in the Need for and Alternatives to assessment of Manitoba Hydro's $20 B preferred development plan and led evidence related to modern water governance before hearings into Lake Winnipeg regulation. CAC MB participated in the review of Manitoba's Environment Act and consideration of whether an Environmental Bill of Rights should be introduced. Before the Manitoba Clean Environment Commission and Public Utilities Board and with the assistance of robust participant funding mechanisms at the provincial level, CAC MB has presented leading Canadian and international experts on: · the necessity of conducting regional cumulative effects assessment of the highly compromised Nelson River watershed · the importance of adaptive management and the necessity of independent monitoring and review of post approval actions and impacts · the need to move beyond impacts assessment to adopt a legal standard of whether the proposed activity makes a net positive contribution to sustainability · the risks of taking an approach in “silos” to water governance decision rather than an integrated watershed approach, and · the importance of integrated resource planning with equal weight given to demand side management A central focus of CAC Manitoba is the importance to good environmental decision making of informed and well supported consumer voices at all stages 2016-11-16
10
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba of the deliberative process. CAC MB presented the first ever panel of consumers, expert in the lived experience of poverty, to the NFAT hearing into Hydro's preferred development plan. They also have assisted traditional land users and Indigenous elders in sharing their views as witnesses in regulatory proceedings.
2016-11-16
11
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba Federal Environmental Assessment Reform Forum Twelve Pillars of Next Generation Environmental Assessment Regime
1. Sustainability as a core objective 2. Integrated, tiered assessments starting at the strategic and regional levels 3. Cumulative effects assessments done regionally 4. Collaboration and harmonization 5. Co-governance with Indigenous Nations 6. Climate assessments to achieve Canada’s climate goals 7. Credibility, transparency, and accountability throughout 8. Participation for the people 9. Transparent and accessible information flows 10. Ensuring sustainability after the assessment 11. Consideration of the best option from among a range of alternatives 12. Emphasis on learning
2016-11-16
12
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba Participant Assistance Regulation 125/91 Excerpt Eligibility for assistance 6 In deciding whether to recommend the granting of participant assistance, the committee shall consider whether (a) the applicant has clearly demonstrated an interest in the potential physical, social or economic effects of the development; (b) if the applicant is a group of persons, the group has an established record of concern for or has demonstrated a commitment to the interest that it represents;
(c) representation of the interest that the applicant represents would assist the panel in its investigations of the potential effects of the development and would contribute substantially to the hearing; (d) the applicant does not have sufficient financial resources to enable it to adequately represent its interest and has identified all other financial support it has applied for or received for the purpose of participating in the assessment of the development; (e) the applicant has attempted to bring related interests of which it is aware into an umbrella group to represent the related interests at the hearing; (f) the applicant has a clear proposal for its use of any assistance that it might be given; and (g) the applicant has appropriate financial controls to ensure that the asssistance, if given, is spent for the purposes for which it is given. 7(1) Participant assistance may be granted only in respect of the following expenditures: (a) professional fees for advice or assistance, including those of legal and expert advisors; (b) salaries of persons employed for the purpose of coordination, research and the preparation of 2016-11-16
13
Consumers’ Association of Canada Association des consommateurs du Canada Manitoba materials, including secretarial services; (c) travel and accommodation expenses; (d) the purchase of relevant information material such as maps, documents and reports for the purpose of information, presentation and analysis; (e) information collection and dissemination; (f) accounting and audit services; (g) photocopying, postage and stationery;
2016-11-16
14
