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90-506: The Canadian Environmental Assessment Act , S.C. 1992, c. 37 (CEAA) is an Act of Parliament that was passed by the Government of Canada in 1992. The Act requires federal departments, including Environment Canada , agencies, and Crown corporations to conduct environmental assessments for proposed projects where the federal government is the proponent or where the project involves federal funding, permits, or licensing. The purposes of

180-680: A Corrective Action Order (CAO), for Keystone's May 2011 leaks. On April 2, 2016, PHMSA issued a CAO to TransCanada for a 16,800 US gallons (64 m ) leak in Hutchinson County, South Dakota , and again on April 9. The pipeline restarted at a reduced operating pressure on April 10 after the U.S. regulator approved the companies corrective actions and plan. A 9,700 barrels (1,540 m ) leak occurred in Marshall County, South Dakota in November 2017. This leak occurred early in

270-520: A bill has been approved by both the House of Commons and the Senate, royal assent is required to make the bill become law. The laws are then the responsibility of the government to oversee and enforce. Under Canada's Westminster-style parliamentary democracy , the terms government and Government of Canada refer specifically to the prime minister, Cabinet, and other members of the governing party inside

360-407: A comprehensive study. The general rule was to actively inform the public and to solicit concerns. This included information sessions where the proponent would make a presentation and then solicit comments. The guidelines would list the municipal governments and tribal councils that must be consulted. For projects that went to formal review, the participation was open to all parties with an interest that

450-549: A federal authority or an airport authority may carry out the project or exercise any power or perform any duty or function that will permit the project to be carried out, the authority will have to be satisfied that carrying out the project is not likely to cause significant adverse environmental effects. This also applies if the Governor in Council has decided the project's significant adverse environmental effects are justified in

540-459: A lateral pipeline to refineries at Houston, Texas and a terminal was completed, and was online in 2017. On January 24, 2017, in his first week in office, President Donald Trump signed a presidential memorandum to revive both Keystone XL pipelines, which "would transport more than 800,000 barrels [130,000 m ] per day of heavy crude" from Alberta to the Gulf Coast. On March 9, 2017,

630-458: A limited number of members from the Senate ). During its term, the government must retain the confidence of the House of Commons and certain important motions , such as money bills and the speech from the throne , are considered as confidence motions . Laws are formed by the passage of bills through Parliament, which are either sponsored by the government or individual members of Parliament. Once

720-598: A majority of seats in Parliament, forming a governing party . Further elements of governance are outlined in the rest of the Canadian constitution , which includes written statutes in addition to court rulings and unwritten conventions developed over centuries. Constitutionally, the King's Privy Council for Canada is the body that advises the sovereign or their representative on the exercise of executive power. This task

810-592: A minimum ground cover of 4 feet (1.2 m). It also involved construction of 23 pump stations and delivery facilities at Wood River, Illinois and Patoka, Illinois . In 2011, the second phase of Keystone included a 480-kilometre (298 mi) extension from Steele City, Nebraska, to Cushing, Oklahoma, and 11 new pump stations to increase the capacity of the pipeline from 435,000 to 591,000 barrels (69,200 to 94,000 m ) per day. Additional phases (III, completed in 2014, and IV, rejected in 2015) have been in construction or discussion since 2011. If completed,

900-742: A new 36-inch (910 mm) pipeline from Hardisty, Alberta, through Montana and South Dakota to Steele City, Nebraska , to "transport of up to 830,000 barrels per day (132,000 m /d) of crude oil from the Western Canadian Sedimentary Basin in Alberta, Canada, and from the Williston Basin (Bakken) region in Montana and North Dakota, primarily to refineries in the Gulf Coast area". The Keystone XL pipeline segments were intended to allow American crude oil to enter

990-591: A panel of individuals appointed by the Minister of the Environment and supported by the Agency. Both types of assessments can be conducted by the federal government alone or in cooperation with another jurisdiction, such as a province. Upon acceptance of a complete project description, the Agency has 45 calendar days, including a 20-day public comment period, to determine whether a federal environmental assessment

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1080-462: A request by TransCanada Corporation to begin constructing worker camps for the pipeline although the company could begin construction of pipe storage and container yards as long as they were outside the proposed pipeline's right-of-way. In March 2019, Trump revoked the prior permit and himself directly issued a new permit for the pipeline. In May 2019, TransCanada Corporation changed its name to TC Energy Corporation , as its business extends into

1170-571: Is head of state and is personally represented by a governor general (currently Mary Simon ). A prime minister (currently Justin Trudeau ) is the head of government , who is invited by the Crown to form a government after securing the confidence of the House of Commons , which is typically determined through the election of enough members of a single political party in a federal election to provide

1260-432: Is "during" an environmental assessment instead of "throughout". The new Act also adds as a purpose that assessment be completed in a timely manner. The Regulations Designating Physical Activities document (RDPA) describes the projects covered by the new Act . The new Act limits assessment just to the type of projects listed in this regulation (and its amendments). The previous Act applied to all projects that altered

1350-522: Is carried out nearly exclusively by the Cabinet, which functions as the executive committee of the Privy Council that sets the government's policies and priorities for the country and is chaired by the prime minister. The sovereign appoints the members of Cabinet on the advice of the prime minister who, by convention, are generally selected primarily from the House of Commons (although often include

1440-478: Is required. An environmental assessment conducted by the Agency must be completed within 365 days . This timeline starts when a notice of the commencement of the environmental assessment is posted on the Registry Internet site and ends when the Minister of the Environment makes a decision as to whether the designated project is likely to cause significant adverse environmental effects. The Minister of

1530-514: Is the body responsible for the federal administration of Canada . The term Government of Canada refers specifically to the executive, which includes ministers of the Crown (together in the Cabinet ) and the federal civil service (whom the Cabinet direct); it is alternatively known as His Majesty's Government (French: Gouvernement de Sa Majesté ) and is corporately branded as the Government of Canada . There are over 100 departments and agencies, as well as over 300,000 persons employed in

1620-562: Is undertaken by the Agency to decide if a federal environmental assessment is required. This step does not apply to designated projects regulated by the National Energy Board and the Canadian Nuclear Safety Commission for which conducting an environmental assessment is mandatory when such a project is designated. The Minister of the Environment may designate a project when carrying out of

1710-509: The Act were set out as follows: (1) to achieve sustainable development that conserves environmental quality by integrating environmental factors into planning and decision-making process, (2) exercise leadership within Canada and internationally, and (3) to provide access to information and to facilitating public participation. The original version of the Act was repealed in 2012 and re-written by

1800-547: The COVID-19 pandemic , will follow government and health authorities guidance, to ensure the protection of workers, their families, and surrounding communities from the virus. On April 15, 2020, District Judge Brian Morris issued a suspension of the pipeline construction after the plaintiffs, the Northern Plains Resource Council , alleged the project was improperly reauthorized back in 2017. In

1890-678: The Canadian Prime Minister Justin Trudeau and Premier of Alberta Rachel Notley attended North America's largest energy conference – CERAWeek in Houston, Texas. An Angus Reed Institute poll published that week showed that 48% of Canadians supported the revival of the Keystone XL pipeline project. The pollsters said that the support for the Keystone pipeline project by provincial NDP government and

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1980-744: The Environmental Protection Agency criticized the State Department's draft environmental impact study for neglecting concerns about oil spill response plans, safety issues and greenhouse gas . In February 2011, the Keystone-Cushing extension (Phase II) was completed running 468 kilometres (291 mi) from Steele City to a tank farm in Cushing, Oklahoma . On June 3, 2011, Pipeline Hazardous Materials and Safety Administration (PHMSA) issued TransCanada

2070-626: The Harper government . The new law came into effect on July 6, 2012. There are marked differences between the new act, the Environmental Assessment Act, 2012 (sc2012 c-19) and the previous act, the Environmental Assessment Act (sc 1992 c-37). The new Act omits the preamble and statement of purpose. Section 4 of each Act is a clause that lists purposes. The new Act is more restrictive in purpose. It applies to "designated projects" instead of "projects". Public participation

2160-539: The House of Commons , but typically includes the federal public service and federal departments and agencies when used elsewhere. This differs from the United States , where the executive branch is referred to as an administration and the federal government encompasses executive, legislative, and judicial powers, similar to the Canadian Crown . In press releases issued by federal departments,

2250-529: The King-in-Council . On the advice of the Canadian prime minister, the sovereign appoints a federal viceregal representative —the governor general (currently Mary Simon )—who, since 1947, is permitted to exercise almost all of the monarch's royal prerogative ; though, there are some duties which must be specifically performed by the monarch themselves (such as assent of certain bills). In case of

2340-610: The Nebraska Public Service Commission 's approval of TransCanada's pipeline application. In October 2019, the State Department solicited comments on its new draft supplemental environmental impact statement . In March 2020, the Premier of Alberta Jason Kenney , who campaigned on promoting the provincial oil and gas industry and promoted it by repealing the carbon tax and establishing an energy war room ( Canadian Energy Centre ), announced that

2430-539: The Public Service of Canada , and the Canadian Armed Forces . One of the main duties of the Crown is to ensure that a democratic government is always in place, which includes the appointment of a prime minister , who heads the Cabinet and directs the activities of the government. Not outlined in any constitutional document, the office exists in long-established convention , which stipulates

2520-747: The South Dakota Public Utilities Commission granted a permit to proceed. and in March 2010, the National Energy Board approved the project. In June 2010, Keystone Pipeline (Phase I) was completed and was delivering oil from Hardisty , Alberta , over 3,456 kilometres (2,147 mi) to the junction at Steele City, Nebraska , and on to Wood River Refinery in Roxana, Illinois , and Patoka Oil Terminal Hub north of Patoka, Illinois . On July 21, 2010,

2610-636: The UCP government was taking an "equity stake" and providing a "loan guarantee", which amounts to a "total financial commitment of just over $ 7 billion" to the Keystone XL project. On March 31, 2020, CEO Russ Girling announced that TC Energy "will proceed with construction of the Keystone XL Pipeline" and thanked President Donald Trump, Alberta Premier Jason Kenney, and other government officials for "support and advocacy" for Keystone XL. Girling said that this construction, which will take place during

2700-653: The US Army Corps of Engineers v. Northern Plains Resource Council case, the Supreme Court of the United States ordered all Keystone XL work be halted. The order, however, did not affect any other present or future pipeline construction in the United States, and would be in force until the circuit court, and then the Supreme Court deliver their final rulings. In response, TC Energy stated that

2790-467: The advice of the King's Privy Council for Canada , referred to as the King-in-Council . However, the Privy Council—consisting mostly of former ministers, chief justices , and other elder statesmen—rarely meets in full. In the construct of constitutional monarchy and responsible government , the advice tendered is typically binding, meaning the monarch reigns but does not rule , with

Canadian Environmental Assessment Act, 2012 - Misplaced Pages Continue

2880-487: The oil sands of Canada. It is unclear how much of the oil transported through the pipeline would have reached American consumers instead of being exported to other countries. The pipeline became well known when the proposed KXL extension attracted opposition from environmentalists with concerns about climate change and fossil fuels . In 2015, KXL was temporarily delayed by President Barack Obama . On January 24, 2017, President Donald Trump took action intended to permit

2970-498: The Agency, the National Energy Board or the Canadian Nuclear Safety Commission. Information on the process for environmental assessments conducted by the Agency is provided below. Information with respect to environmental assessments conducted by the National Energy Board or Canadian Nuclear Safety Commission may be found on their websites. An environmental assessment by review panel is conducted by

3060-737: The CEAA and the RDPA. They then proposed the Impact Assessment Act . The purpose of CEAA 2012 is to: CEAA 2012 applies to projects described in the RDPA, namely physical activities summarized therein. When the Canadian Environmental Assessment Agency (the Agency) is the responsible authority for a designated project that is described in the RDPA, upon acceptance of a project description, an analysis

3150-419: The Cabinet ruling "in trust" for the monarch. However, the royal prerogative belongs to the Crown and not to any of the ministers, and there are rare exceptions where the monarch may be obliged to act unilaterally to prevent manifestly unconstitutional acts. The stipulations of responsible government require that those who directly advise the Crown on the exercise the royal prerogative be accountable to

3240-755: The Canadian Mainline natural gas pipeline and 373 kilometres (232 mi) of new pipeline, pump stations and terminal facilities at Hardisty, Alberta. The United States section is 2,219 kilometres (1,379 mi) long. It runs through Nemaha , Brown and Doniphan counties in Kansas and Buchanan , Clinton , Caldwell , Montgomery , Lincoln and St. Charles counties in Missouri , before entering Madison County, Illinois. Phase 1 went online in June 2010. The Keystone-Cushing pipeline phase connected

3330-436: The Canadian federal government to block regulatory approvals for the pipeline, with union president Dave Coles stating, "the Keystone pipeline will exclusively serve US markets, create a permanent employment for very few Canadians, reduce our energy security, and hinder investment and job creation in the Canadian energy sector". On January 22, 2008, ConocoPhillips acquired a 50% stake in the project. On March 17, 2008, during

3420-472: The Crown must select as prime minister the person most likely to command the confidence of the elected House of Commons , who, in practice, is typically the leader of the political party that holds more seats than any other party in that chamber (currently the Liberal Party , led by Justin Trudeau ). Should no particular party hold a majority in the House of Commons, the leader of one party—either

3510-537: The Environment may refer a project to a review panel within 60 days of the notice of commencement of an environmental assessment. An environmental assessment by a review panel needs to be completed within 24 months . This timeline starts when the proposed project is referred to a review panel and ends when the Minister of the Environment issues the environmental assessment decision statement. For every environmental assessment: Government of Canada The Government of Canada ( French : Gouvernement du Canada )

3600-543: The Federal Authorities Regulation (SOR/96-280). The previous Act also required a modified screening report for projects where the proponent was a Crown Corporation or for projects outside of Canada or where the Government of Canada funded the project. Under the previous Act , other federal departments were not allowed to issue licenses and permits until any required environmental assessment

3690-561: The Government of Canada. These institutions carry out the programs and enforce the laws established by the Parliament of Canada . The federal government's organization and structure was established at Confederation , through the Constitution Act, 1867 , wherein the Canadian Crown acts as the core, or "the most basic building block", of its Westminster-style parliamentary democracy . The monarch, King  Charles III

Canadian Environmental Assessment Act, 2012 - Misplaced Pages Continue

3780-473: The Keystone XL would have added 510,000 barrels (81,000 m ) per day increasing the total capacity up to 1.1 million barrels (170,000 m ) per day. The original Keystone Pipeline cost US$ 5.2 billion. From January 2018 through December 31, 2019, Keystone XL development costs were $ 1.5 billion. The project was proposed in 2005 by the Calgary , Alberta-based TransCanada Corporation , and

3870-587: The Keystone expansion had the option to acquire up to a combined 15% equity ownership, which included Valero Energy Corporation and Hogshead Spouter Co. This 3,456-kilometre-long (2,147 mi) pipeline runs from Hardisty, Alberta , to the junction at Steele City, Nebraska , and on to the Wood River Refinery in Roxana, Illinois , and Patoka Oil Terminal Hub (tank farm) north of Patoka, Illinois . The Canadian section involves approximately 864 kilometres (537 mi) of pipeline converted from

3960-584: The Nebraska Public Service Commission approved (3–2) the construction of the pipeline, but via an alternative route which is longer and deemed to have less environmental impact than two other routes that were considered. This proved to be a major setback for TransCanada since they would have "years of new review and legal challenges". TransCanada asked Nebraska to reconsider this decision. They also worked with Pipeline and Hazardous Materials Safety Administration (PHMSA) to determine

4050-539: The North American logistics system, the upstream and downstream activities are unlikely to be substantially different whether or not the proposed Project is constructed". On January 9, 2015, the Nebraska Supreme Court cleared the way for construction, after Republican Governor Dave Heineman had approved it in 2013. On 14 November 2014, the House of Representatives passed a bill approving

4140-543: The Phase I-pipeline terminals in Hardisty, Alberta , and Steele City, Nebraska , by a shorter route and a larger-diameter pipe. It would have run through Baker, Montana , where American-produced light crude oil from the Williston Basin ( Bakken formation ) of Montana and North Dakota would have been added to the Keystone's throughput of synthetic crude oil (syncrude) and diluted bitumen ( dilbit ) from

4230-542: The U.S. part of the project would be reassessed (but not abandoned); the Canadian part would proceed as before. On January 20, 2021, United States President Joe Biden revoked the permit for the pipeline on his first day in office. On June 9, 2021, the Keystone XL project was abandoned by its developer. At the time of the project's cancellation, approximately 8% of the pipeline had been constructed. The company, which changed its name from TransCanada Corporation to TC Energy Corporation on May 3, 2020, to "better reflect

4320-607: The United States and Mexico, as well as Canada where it has pipelines, power generation and energy storage operations. In June 2019, the United States Court of Appeals for the Ninth Circuit granted the Justice Department's motion to lift the injunction blocking construction and found that the new permit mooted the prior Montana lawsuit. In August 2019, the Nebraska Supreme Court affirmed

4410-516: The United States federal government in 2015. Construction of Phase III, from Cushing, Oklahoma , to Nederland, Texas , in the Gulf Coast area, began in August 2012 as an independent economic utility. Phase III was opened on January 22, 2014, completing the pipeline path from Hardisty, Alberta to Nederland, Texas. The Keystone XL Pipeline Project (Phase IV) revised proposal in 2012 consists of

4500-529: The United States, commissioned in 2010 and owned by TC Energy and, as of March 2020, the Government of Alberta . It runs from the Western Canadian Sedimentary Basin in Alberta to refineries in Illinois and Texas , and also to oil tank farms and an oil pipeline distribution center in Cushing, Oklahoma . TransCanada Keystone Pipeline GP Ltd , abbreviated here as Keystone, operates four phases of

4590-466: The XL pipelines at Baker, Montana , on their way to the storage and distribution facilities at Cushing, Oklahoma . Cushing is a major crude oil marketing/refining and pipeline hub. Operating since 2010, the original Keystone Pipeline System is a 3,461-kilometre (2,151 mi) pipeline delivering Canadian crude oil to U.S. Midwest markets and Cushing, Oklahoma. In Canada, the first phase of Keystone involved

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4680-429: The agency has 25 days to decide if the project requires a formal environmental assessment. Different bodies may conduct the assessment, but all assessments now follow judicial procedures of argument and counter-argument. The previous Act used a "biologist to biologist" approach. The agency had 90 days to determine if a project required a comprehensive study and to prepare project-specific impact assessment guidelines for

4770-494: The approval decision should rest with the Executive Branch. The Senate was unable to override the veto by a two-thirds majority, with a 62–37 vote. On September 29, 2015, TransCanada dropped their lawsuit against Nebraska landowners who had refused permission for pipeline easements on their properties in order to exercise their eminent domain . On November 3, 2015, U.S. Secretary of State John Kerry determined that

4860-552: The basic project description, except that it also required information on terrain, air, vegetation, all wildlife, and all habitats. Central to the previous Act was a comprehensive study. What was to be included in the study was determined for each project. The agency issued a project-specific comprehensive study guideline within 90 days of receipt of the project application. The comprehensive study specified baseline data that needed to be collected, identified specific groups that needed to be consulted, and identified specific concerns for

4950-542: The bureaucratic hurdles, and make this project a priority, to go ahead and get it done." On January 22, 2014, the Gulf Coast Extension (Phase III) was completed, running 784 kilometres (487 mi) from Cushing to refineries at Port Arthur, Texas . In January 2014, the U.S. Department of State's (DoS) January 2014 "Final Supplemental Environmental Impact Statement" (SEIS) said that, "because of broader market dynamics and options for crude oil transport in

5040-506: The circumstances. This responsibility also applies to projects outside of Canada that are federally funded or for which the Government of Canada is the proponent. The following factors must be considered: There are two types of environmental assessment conducted under the Canadian Environmental Assessment Act, 2012 (CEAA 2012): An environmental assessment by a responsible authority is conducted by

5130-410: The comprehensive study. Following completion of the comprehensive study, the agency could determine that no further review was necessary. If further review was necessary, the project could be sent to mediation or to a formal review panel. The new Act limits public input. The general public is allowed to comment on a new project during the 20 days the project is open for comment on the internet. During

5220-417: The construction of the Keystone XL Pipeline in a 252–161 vote; however, the bill was rejected by the Senate four days later in a 59-41 votes, failing to reach the 60 votes threshold . A second bill approving the construction of the pipeline was passed in a 62–36 vote on 29 January 2015 and by the House in a 270–152 vote on 11 February, but on 24 February it was vetoed by President Obama, who said that

5310-415: The conventional stipulations of a constitutional monarchy, the sovereign's direct participation in any of these areas of governance is limited. The term Government of Canada , or more formally, His Majesty's Government refers to the activities of the King-in-Council . The day-to-day operation and activities of the Government of Canada are performed by the federal departments and agencies , staffed by

5400-837: The conversion of approximately 864 kilometres (537 mi) of existing 36-inch (910 mm) natural gas pipeline in Saskatchewan and Manitoba to crude oil pipeline service. It also included approximately 373 kilometres (232 mi) of new 30-inch-diameter (760 mm) pipeline, 16 pump stations and the Keystone Hardisty Terminal. The U.S. portion of the Keystone Pipeline included 1,744 kilometres (1,084 mi) of new, 30-inch-diameter (760 mm) pipeline in North Dakota, South Dakota, Nebraska, Kansas, Missouri, and Illinois. The pipeline has

5490-471: The elected House of Commons and the day-to-day operation of government is guided only by a sub-group of the Privy Council made up of individuals who hold seats in Parliament, known as the Cabinet . The monarch and governor general typically follow the near-binding advice of their ministers. The royal prerogative, however, belongs to the Crown and not to any of the ministers, who only rule "in trust" for

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5580-534: The entire Sandhills region and Ogallala Aquifer and six alternatives that would have reduced pipeline mileage crossing the Sandhills or the aquifer. In March 2012, Obama endorsed building the southern segment (Gulf Coast Extension or Phase III) that begins in Cushing, Oklahoma. The President said in Cushing, Oklahoma, on March 22, "Today, I'm directing my administration to cut through the red tape, break through

5670-426: The environment. The Inclusion List Regulations (SOR/94-637) described projects for which a screening report was always required. The Inclusion List regulation was twice the size of the current list of designated physical activities. The previous Act also required a screening report for any project for which a federal department was required to issue a license or permit under the specific sections of other acts listed in

5760-414: The federal Liberal government under Trudeau had a positive impact on Canadians' attitudes of the project. On March 24, 2017, Trump signed a presidential permit to allow TransCanada to build the Keystone XL pipeline. The State Department issued a new Record of Decision on the same facts as before, but reversed itself to find that granting the permit would be in the national interest. In November 2017,

5850-446: The final year of the Presidency of George W. Bush , the United States Department of State issued a Presidential Permit authorizing the construction, maintenance and operation of facilities at the United States and Canada border. In June 2008, the Keystone XL extension was proposed. Later that year, TransCanada began the process of becoming the sole owner of the pipeline. In 2009 it bought out ConocoPhillips' shares and reverted to being

5940-460: The formal review, only those who are "directly affected" by the project may participate. The legal meaning of "directly affected" in this context refers generally to persons who own property within one kilometer of the project. Under the previous Act , the project description was posted on the internet immediately, but the main source of public input was the consultation process described in the project-specific guidelines for any project that required

6030-497: The government has sometimes been referred to as the current prime minister's government (e.g. the Trudeau Government ). This terminology has been commonly employed in the media. In late 2010, an informal instruction from the Office of the Prime Minister urged government departments to consistently use, in all department communications, such phrasing (i.e., Harper Government , at the time), in place of Government of Canada . The same Cabinet earlier directed its press department to use

6120-448: The governor general's absence or incapacitation, the administrator of Canada performs the Crown's most basic functions. As part of the royal prerogative, the royal sign-manual gives authority to letters patent and orders-in-Council . Much of the royal prerogative is only exercised in-council, meaning on the advice of the King's Privy Council for Canada ( ministers of the Crown formed in Cabinet in conventional practice); within

6210-400: The monarch and who must relinquish the Crown's power back to it upon losing the confidence of the commons, whereupon a new government, which can hold the lower chamber 's confidence, is installed by the governor general. The royal and vice-royal figures may unilaterally use these powers in exceptional constitutional crisis situations (an exercise of the reserve powers ), thereby allowing

6300-419: The monarch to make sure "that the government conducts itself in compliance with the constitution." Politicians can sometimes try to use to their favour to obscure the complexity of the relationship between the monarch, viceroy, ministers, and Parliament, as well as the public's general unfamiliarity with such. Keystone Pipeline The Keystone Pipeline System is an oil pipeline system in Canada and

6390-516: The morning on November 16, 2017, near Amherst, South Dakota and was contained shortly after detection 35 miles (56 km) south of the Ludden pump station. On August 26, 2011, the final environmental impact report was released, stating that the pipeline would pose "no significant impacts" to most resources if environmental protection measures are followed, but it would present "significant adverse effects to certain cultural resources". In September 2011, Cornell ILR Global Labor Institute released

6480-410: The new Act . A lawyer with no knowledge of biology could supply the information. Only section 17(a) question, the requirement to describe changes the project may cause to fish habitat requires knowledge of ecology. Information on environmental effects is limited to effects on fish, aquatic species, and migratory birds. The regulations under the previous Act required essentially the same information in

6570-468: The party with the most seats or one supported by other parties—will be called by the governor general to form a minority government . Once sworn in, the prime minister holds office until their resignation or removal by the governor general, after either a motion of no confidence or defeat in a general election . The executive is defined in the Constitution Act, 1867 as the Crown acting on

6660-430: The phrase Canada's New Government . Canada is a constitutional monarchy, wherein the role of the reigning sovereign is both legal and practical, but not political. The monarch is vested with all powers of state and sits at the centre of a construct in which the power of the whole is shared by multiple institutions of government acting under the sovereign's authority. The executive is thus formally referred to as

6750-450: The pipeline was also weakened by technological factors. Innovations in fracking had increased domestic oil production and, according to the EIA, reduced demand of oil from foreign countries to an all-time low since 1985. Shifts to gasoline fuel for cargo vehicles, new technologies promoting fuel efficiency, and export restrictions that reduced the price of oil also played a part. In mid-2016,

6840-597: The pipeline's completion. On January 20, 2021, President Joe Biden signed an executive order to revoke the permit that was granted to TC Energy Corporation for the Keystone XL Pipeline (Phase 4). On June 9, 2021, TC Energy abandoned plans for the Keystone XL Pipeline. The Keystone Pipeline system consisted of the operational Phase I, Phase II, and Phase III, the Gulf Coast Pipeline Project. A fourth, proposed pipeline expansion segment Phase IV, Keystone XL, failed to receive necessary permits from

6930-469: The project application. Approval of the application in the face of an incomplete review is not a legal option for the Minister. The legal principles that apply in Canada are similar to the principles that required U.S. President Obama to reject the application for the Keystone Pipeline when forced to make a decision by Congress In 2016, the government of Justin Trudeau held a discussion about

7020-399: The project may cause adverse environmental effects, or that public concerns related to those effects warrant the designation. An environmental assessment under CEAA 2012 is required for each project designated by the Minister of the Environment. A responsible authority ensures that an environmental assessment of a designated project is conducted in accordance with CEAA 2012, including ensuring

7110-566: The project was not in the public interest. Kerry found that there was a "perception" among foreigners that the project would increase greenhouse-gas emissions, and that, whether or not this perception was accurate, the decision would "undercut the credibility and influence of the United States" in climate-change-related negotiations. On November 6, 2015, the Obama administration rejected the Keystone XL pipeline project, citing economic and environmental concerns. Financial commitment to completion of

7200-756: The project. In 2013, the first two phases had the capacity to deliver up to 590,000 barrels (94,000 m ) per day of oil into the Midwest refineries. Phase III has capacity to deliver up to 700,000 barrels (110,000 m ) per day to the Texas refineries. By comparison, production of petroleum in the United States averaged 9.4 million barrels (1.5 million cubic meters) per day in first-half 2015, with gross exports of 500,000 barrels (79,000 m ) per day through July 2015. A proposed fourth pipeline, called Keystone XL (sometimes abbreviated KXL, with XL standing for "export limited" ) Pipeline, would have connected

7290-412: The proponent to address. The new act does not require a comprehensive study. The new Act decreases initial input from biologists and accelerates the movement of the project to the legal hearing stage. Upon receipt of the project description, the agency has ten days to request additional information and post the project description on the internet. Following 20 days in which the public may post comments,

7380-482: The public is provided with an opportunity to participate in the environmental assessment. Under CEAA 2012, responsible authorities can be the Canadian Nuclear Safety Commission, the National Energy Board or the Agency. Federal departments and agencies with specific expertise are required to provide information and advice that support the conduct of environmental assessments by responsible authorities. For projects on federal lands that are not designated projects, before

7470-947: The results of the GLI Keystone XL Report, which evaluated the pipeline's impact on employment, the environment, energy independence , the economy, and other critical areas. On November 10, 2011, the Department of State postponed a final decision while investigating "potential alternative routes around the Sandhills in Nebraska " in response to concerns that the project was not in the United States' national interest . In its response, TransCanada pointed out fourteen different routes for Keystone XL were being studied, eight that impacted Nebraska. They included one potential alternative route in Nebraska that would have avoided

7560-484: The scope of our operations as a leading North American energy infrastructure company", is the sole owner of the Keystone Pipeline System. The pipeline system was originally developed as a partnership between TransCanada and ConocoPhillips , but TransCanada announced plans to buy ConocoPhillips' interest in Keystone in June 2009. As of 2008, certain parties who agreed to make volume commitments to

7650-537: The sole owner. It took TransCanada more than two years to acquire all necessary state and federal permits for the pipeline. Construction took another two years. In September 2009, the NEB – replaced in 2019 by the Canadian Energy Regulator (CER) – started hearings. The pipeline, from Hardisty, Alberta , Canada, to Patoka, Illinois , United States, became operational in June 2010. Later that year,

7740-719: The structural cause of a leak in South Dakota on November 21, 2017. In November 2018, U.S. District Judge Brian Morris ( District of Montana ) enjoined construction of the pipeline and vacated the new permit because the policy reversal violated the Administrative Procedure Act , the National Environmental Policy Act , and the Endangered Species Act . In February 2019, District Judge Morris denied

7830-618: The summary judgment, the judge agreed that the Endangered Species Act was violated, thereby voiding the permit. On May 28, 2020, the United States Court of Appeals of the Ninth Circuit denied a motion to stay the District Judge's ruling. This prompted Solicitor General Noel J. Francisco to file an application for stay to the Supreme Court. The application was granted a hearing. On July 6, 2020, in

7920-420: Was "neither frivolous nor vexatious" Both the old and new Act require an assessment report within 12 months. However, the new Act also requires the Minister to make a decision within 24 months if the Minister has referred the matter to a review panel. Although the new law allows some extensions, the effect of a review panel failing to hear all testimony within the required time is that the Minister must reject

8010-462: Was approved by Canada's National Energy Board in 2007. On September 21, 2007, the National Energy Board of Canada approved the construction of the Canadian section of the pipeline, including converting a portion of TransCanada's Canadian Mainline gas pipeline to crude oil pipeline, on September 21, 2007. In October 2007, the Communications, Energy and Paperworkers Union of Canada asked

8100-460: Was complete. Under the new Act , certain other departments, specifically the National Energy Board, may issue licenses and permits without an environmental assessment, may conduct their own assessment, and may cancel existing assessments currently in process. The Prescribed Information for the Description of a Designated Project Regulations (SOR/2012-148) gives the information required under

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