The Report
Environmental Law
Section 3: Organizing, Reviews, and Challenging Issues
The Report
After a public hearing, the NRCB (Natural Resources Conservation Board) studies all the evidence and eventually publishes its decision in a report written by the panel members. The report provides background information, presents the arguments from both sides, and gives reasons for the final decision. If an application for a project is approved, often there are conditions imposed on the applicant company limiting just what it can do. The hope is that these limitations will minimize damage to the environment or another area of concern. Of course, the applicant will likely still have to get the normal licenses and so on, so NRCB approval is only one step in the process of getting a go-ahead on the project.
Appeals
Sometimes an appeal may be brought to the courts, but the appellant (the person who is appealing) would have to show that the board had gone beyond its authority. Otherwise, everyone simply has to live with the board's decision or use other methods, such as lobbying the government or organizing boycotts, to discourage the project's development. Here are ten of the steps in the process of conducting a public review of a proposed project:
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The applicant files an application to undertake a project with the NRCB (Natural Resources Conservation Board).
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The notice of application is made public.
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Interested parties write letters expressing their objections to the proposal.
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A notice of hearing is made public.
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Intervener submissions are filed with the NRCB (Natural Resources Conservation Board).
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Opening remarks are made at the hearing.
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Oral presentations are made, beginning with the applicant.
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The applicant rebuts the oral submissions of other participants.
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Final arguments are made at the hearing.
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The panel's decision is announced.
Summary
In this lesson, you have had a look at the general process a typical environmental review follows. The procedures of the Natural Resources Conservation Board were used for the purposes of example, but these procedures are typical of those used by other boards.
At this point in the course, you should have a pretty good idea of the major features of environmental law in Canada. In the next lesson, you'll be putting this knowledge to work to do some research into an environmental issue that interests you.