The federal government says it’s committed to protecting the endangered southern resident killer whale population while also fast-tracking a new West Coast oil pipeline and other infrastructure projects that could threaten the orcas’ survival.
And the British Columbia government has said it recognizes, along with Ottawa, the need to protect these whales when it dropped its opposition to the pipeline last month.
But environmentalists are doubtful that a proper balance can be struck between the environmental and economic considerations at play, pointing to sustained evidence that the whales’ already-small population continues to decline and will be put at further risk by additional tanker traffic in the Salish Sea.
“I see no way for them to be able to thread that needle,” Anna Johnston, a staff lawyer at West Coast Environmental Law, said in an interview.
“They’re putting the cart before the horse, and that’s just going to end up in a crash.”
The federal government quietly gave notice over the August long weekend that it intends to designate the proposed new pipeline from Alberta to B.C. as a “national interest” project — the first such designation under the Building Canada Act.
The law passed last year allows such projects to get special treatment — such as exemptions from certain environmental laws — to help move them toward final approval. Those laws include the Fisheries Act, the Species At Risk Act and the Impact Assessment Act.
That has raised concerns that the government could override a finding that the pipeline puts the southern resident killer whales at potential risk of harm, if an assessment reaches such a conclusion.
Less than 75 of these orcas remain in the Salish Sea, an area that includes the Roberts Bank port terminal where the new pipeline would terminate. A proposal to expand the port to allow for increased international shipping capacity has also been referred to the Major Projects Office.
Government assessments and independent reports by environmental groups like the David Suzuki Foundation dating back several years agree that underwater noise from vessels, including commercial tankers, is among the top threats to survival for the killer whales, which rely on echolocation to hunt and travel.
“This is not a new species that’s at risk,” said Hussein Alidina, the lead specialist for marine conservation at World Wildlife Federation Canada.
“The threats that these whales have faced … over these two to three decades have not been reduced, and the conditions have not been made conducive to the recovery of the whale. (And) all these projects coming up continue to add more layers of threats.”
A discussion paper released this past spring on how the government could get major projects built more efficiently included, among other suggestions, a proposal to give ministers “limited power, with a high threshold to be met, to exempt specific projects from the application of the jeopardy test for species at risk, but only if it’s in the public interest and if the proponent has made all reasonable efforts to avoid or reduce impacts on at-risk species.”
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Transport Minister Steven MacKinnon posted on X in May that reporting from the Toronto Star suggesting the proposal was meant as a “carve-out” for the southern resident killer whales “could not be further from the truth.”
He pointed to recent investments outlined in the spring economic update, including over $250 million for the Whales Initiative over five years, as evidence of government action to protect at-risk whale populations.
“We would not take any actions that would undermine these important strategies and substantial investments,” MacKinnon wrote at the time.
“Our approach to assessments isn’t about cutting corners, but improving coordination, efficiency, and long-term planning resulting in faster decisions, without weakening oversight or standards.”
B.C.-Ottawa agreement has few details on whale protections
Hours before Prime Minister Mark Carney and Alberta Premier Danielle Smith announced an agreement to advance the pipeline on July 2, Carney and B.C. Premier David Eby — who had vocally opposed a pipeline to northern B.C. — struck an agreement that addressed several B.C. concerns, and highlighted those same whale protection investments.
“Canada and B.C. also recognise the need to protect Canada’s whales and the southern resident killer whale habitat along the British Columbia coast, including through the Whales Initiative,” the memorandum of understanding says.
The document does not outline what additional measures could be taken to achieve that goal. It sets a timeline for a federal-provincial implementation committee to “advance work” on the issue by Dec. 1 of this year.
The B.C. government did not respond to multiple requests for comment and clarification from Global News by deadline.
Johnston, the environmental lawyer, said the B.C.-Ottawa agreement is likely not enforceable the way a contract would be, adding the language itself is likely too vague to create a legally binding obligation.
“I read that language as attempting to provide the public with some reassurance, without actually committing or giving rise to a legal obligation to ensure the protection of the southern resident killer whale,” she said.
In addition to the Whales Initiative funding commitment — which includes $95 million over five years and an additional $16.5 million annually toward specific measures for the southern resident killer whales like noise monitoring and management — the government also intends to permanently expand the minimum distance a vessel can approach an orca in B.C. waters from 200 metres to 1,000 metres. The expansion is currently in place as an interim order.
A Transport Canada spokesperson told Global News this week that information on when those regulatory amendments will come into force will be shared “in due course.”
But Alidina says these measures are insufficient, noting a future new pipeline and Roberts Bank terminal expansion will bring significantly more tanker traffic into the whales’ habitat — something the spring economic statement itself acknowledges.
“If you were really serious about this, you would be putting a stop (to economic infrastructure projects) until you were able to get recovery for southern residents, and improve the condition of the Salish Sea before you talk about any more development in the Salish Sea,” he said.
He added that, while marine mammal protection is ultimately a federal responsibility, “I think the provincial government could be taking a much stronger stance here.”
Ottawa says law 'not intended to bypass approvals'
In a statement to Global News this week, a spokesperson for the Privy Council Office also pointed to the same federal investments and other marine environmental measures taken by the government.
That includes renewing the Pacific Salmon Strategy Initiative to support that species’ protection and recovery, which Pierre-Alain Bujold said will benefit the southern resident killer whales by improving access to their key food source.
Bujold added that the Building Canada Act “is not intended to bypass approvals,” and that designated projects are still subject to impact assessments and consultations with potentially impacted Indigenous communities.
“Moving more efficiently does not mean skipping vital steps,” the spokesperson said.
But Johnston said the proposed schedule for the pipeline put forward by the Alberta government — a “national interest” project designation by Oct. 1, with construction expected to start as early as next September following the Major Projects Office’s review — is “an insanely short time frame.”
“It’s not long enough to meaningfully identify what the specific impacts are going to be,” she said. “It’s definitely not enough time for public and Indigenous input.”
The designation notice for the oil pipeline says Indigenous consultation is already underway, and invites public comment on “any considerations that should guide the government’s decision” until Sept. 18.
Johnston said if any project moves ahead despite evidence of further risk to southern resident killer whales, she expects lawsuits challenging the Building Canada Act on both Indigenous consultation and environmental grounds.
She also foresees public opinion turning.
“Polling may be strong for pipelines in the abstract,” she said, “but when we’re talking about a specific project (that could) cause the extinction of a beloved and iconic species, I think that support for the pipeline will rapidly plummet and opposition will grow.”
Happy to see the Carney government can build a pipeline and protect the environment. Go Canada!
David
Big difference is that in Russia arsonists are put in jail and gulags for long time unlike here are given slap on the wrist
BC is 0.63% of the world land mass. The area that is on fire is a fraction of that. Russia has almost 3x as much forest as Canada and their forest fire activity is lower than average….hmm. Rather than blaming everything on climate change, ask what has our govt done to reduce forest fire severity….controlled burns(no), minimum distances for forest surrounding communities(no), increased numbers of fire bombers(no-actually slightly less now than 10 years ago) etc. Spend your energy and efforts asking those questions first before thinking that ending pipeline will magically stop fires that have been burning for 1000’s of years.
What did orcas ever do for humans?
Of course not, and that’s why a new pipeline will not happen, it was just a delaying tactic to get Danielle Smith to shut up. No new oil, no new pipelines.
@Notsurprised. The long-term effects of the 1989 Exxon Valdez oil spill continues. Climate change is real and the only people profitting off of it are the far right media and the climate change deniers who are paid off by billionaires.
The vast majority of people are brainwashed. Tankers are not the problem, drag net fishing is the real culprit. After they raped the Atlantic, they now reside in the Pacific, sterilizing the under world. Cimate change people can’t make money on this fact.
Its far past time that we stopped listening to people with room temperature IQ’s who think they know more than experts.
It is far past time we stopped listening to environmentalists, activists and advocates. They are just emotional blowhards that do more harm than good.
The very Boomer generation clinging to climate chsnge extremism are the same monkeys that stopped the progression of clean nuclear energy not only creating mountains of unnecessary polution, but also putting murderous despots in control of economies.
The death and destruction their tiny brains have caused is beyond enough.
Carney still hasnt built anything so, it’s really a matter of whether he can stave off lynchings with more lies.
The orcas are one thing, the chugs are another. Going to take a couple more billion to buy em out.
Benoit, you are a drone. Carney has done nothing for the environmemt and being dependent on China is worse than being dependent on the US.
The Carney government has already shown it deeply cares about Canadians and the environment. They are also expediting getting a pipeline built because of the threat from the USA. Go Canada!
Carney is all talk and salesmanship. He has fooled almost half of Canada again, and onlookers will forgive him like they did over and over when Trudeau screwed them.
Anyone who believes Carney will actually build a pipeline should volunteer for a lobotomy. Carney has as much intention to build a pipeline as he did in getting the Americans to pay their half of the costs to build the Gordie Howe bridge. Carney is a fraud but has easily conned the brain challenged Elbozos crowd into believing he is the second coming. He is laughing at all you Elbows Up crowd as he sees you doing his chicken dance, elbows up, elbows down, elbows up. Ha Ha !!!
There is no such thing as the World Wildlife Federation.
The federal government promised to implement recommendations from the environmental assessment on the TMX pipeline, about 16 of them in regards to protecting the southern resident orca. The government built their pipeline and never implemented any of the recommendations. They say a lot of things to pretend they care and do nothing to honor their word. I dont trust the feds or the Province to ensure the whales are protected. They have never kept a promise. The orcas and whales are too important to lose to a pipeline that won’t bring prosperity to the people. It will enrich the already wealthy billionaires. Carney is doing insider trading with his minion staff and his policies are hurting Canadians and the climate. Carney, Smith and Eby are discussing this pipeline likes it a done deal without discussing it with the First Nation’s. Its very shady and colonial. I’d rather see orcas than freighters in the Harbour. They are precious and must be saved. Throwing money at them is not going to protect them if their habitat is allowed to be destroyed. Look at how the Province is managing the iconic caribou. They are going extinct too because their habitat is being destroyed by oil and gas. The Province response? Shoot all the wolves. This government is incompetent and doesnt follow science. We should be doing everything we can to address climate change, not build pipelines. The Province is on fire for F sake! Say no to this pipeline!
We are so screwed. Modern life needs more energy, more energy means more environmental distruction. We’ve dig our own grave. Enjoy the smoke, it’s going to get worse.
Build the pipeline. Quit these endlessly deranged delay tactics
DFO and their poor management of fisheries have already endangered the Southern resident orcas, JLL pods are rarely seen…. protect the fisheries first…
DID HE GET APPROVAL FROM THE WORLDS CREATORS ? LAZY INDIGENOUS CLOWNS ! KEEP IT REAL
This is a difficult challenge, but Carney can handle it. Poilievre has 18% in the polls and his experience as a paperboy is irrelevant.
Food costs too much and I am not waiting for gdrc to decide people deserve a break. People will eat the rich if they do not go into hiding real fast.
Right lefty tarts? Get the hell out of the way. I beg you.
You are all fighting for your demise at the moment and I will not support you. Ever.
There is not coming around point where I will magically agree. You and your opinions are toxic trash and they need to be destroyed completely.
You are the enemy of humanity if you support the left and you are most definitely the enemy of progress.
Screw Hippie retards!
It is going to happen so fast the examiners will call it explosive whiplash.
You cucks are the reason we poisoned the Earth for the past 70 effing years because you thought clean nuclear energy was worse than good old coal and oil.
Do you get it yet!?
You were manipulated to hate clean nuclear energy and to pollute a world so we could get to this point, where to save the planet, we need to give up our rights.
You are zombies if you can’t see it!
Carney won’t get anything built. He is all talk and no action.
The only pipeline will go through the states to the west coast after the Alberta WEXIT, The indians and tree huggers will not let one go west and the quebekers will stop the one going east.
Carney MPO has not got one project approved yet. 16 months since the election.
Canadians know that the Carney government will balance the economy AND the environment.
So building a pipeline will kill off Orcas?
There are literally hundreds of other reasons they are dying off, even before the pipeline is built.. blaming an extra pipeline for the deaths of Orcas is like saying another ship will cause the death of all whales in the world..
Anyone who believes Carney will actually build a pipeline should volunteer for a lobotomy. Carney has as much intention to build a pipeline as he did in getting the Americans to pay their half of the costs to build the Gordie Howe bridge. Zero !!!!
Who exactly are the Poilievre conservatives? Or is it just a slogan?
The Carney government is building the pipeline and will protect all species from harm. They aren’t like the Poilievre conservatives who don’t care about the environment.
Why not reduce other boat traffic. Like the coal loading, cruise ships, BC ferries, etc. Think outside the box.
Can Carney fast-track a pipeline while also protecting endangered orcas? It depends. Will it benefit Brookfield? Media is such a joke in Canada
If anyone actually thinks a pipeline to the west coast will be approved by the liberals, I have some ocean front property in Arizona for sale.
Why is Global giving voice to a few environmentalists? How about the majority who approve pipelines as being the safest way to transport oil and gas? Carnival Carney chose the crowded Vancouver port over Prince Rupert or other underused ports because of the complaints by a couple of natives, and environmentalists. Instead of just saying no to everything, help select the site that has the least impact, and makes the best economic sense?
I was taught that just arguing is bad. Be part of the solution, and make everyone happy.
Just ship the oil using the Liberal Showboat. It’s extremely slow,travels in repetitive circles and the only noise it makes is a lot of talk
These eco warriors need to be shut down.
Glad to see the pipeline proceeding. Carney is doing a great job!
Canada lmfao
Carney is playing people for fools
He promises one thing to Alberta another to BC all the while holding meetings with a taxpayer funded activist organization which his bought media disingenuously leads voters to believe is an actual First Nation