Ep 8: BC's proposed FOI amendments could restrict access to EMA and CSR records, requiring immediate advocacy before legislative passage.

# Environmental Intelligence **Date:** March 10, 2026 🔬 **Environmental Intelligence** — Canadian Environmental Professional Briefing **HOOK:** BC's proposed FOI amendments could restrict access to EMA and CSR records, requiring immediate advocacy before legislative passage. **Executive Summary:** British Columbia's new bill introduces potential barriers to freedom of information requests, directly affecting access to contaminated sites data under EMA and CSR for multi-jurisdictional consultants. US proposals to weaken vessel speed limits for North Atlantic right whales may pressure harmonization with Canada's Fisheries Act and SARA protections in Atlantic provinces. Professionals should monitor BC legislative debates this week and review cross-border species risk assessments for offshore projects. ━━━━━━━━━━━━━━━━━━━━ ### Lead Story British Columbia's government faces accusations of undermining freedom of information through a new bill that expands exemptions and fees for public records access, including environmental compliance documents under the Environmental Management Act (EMA) and Contaminated Sites Regulation (CSR). Previously, FOI requests under BC's Freedom of Information and Protection of Privacy Act allowed efficient retrieval of site registry data, spill reports, and remediation certificates without prohibitive costs; the amendments introduce broader "cabinet confidence" exemptions and higher processing fees, potentially delaying or denying access to critical records. This change targets records often used in Phase I ESAs and risk assessments, complicating due diligence for contaminated sites across BC and interprovincial projects. For practitioners, this means increased timelines and costs for obtaining EMA Section 49 certificates or CSR Protocol 1 risk assessment inputs, especially in oil sands-adjacent areas with Alberta EPEA overlaps. Watch for opposition amendments during second reading this month, with potential effective date by Q2 2026; submit feedback to BC's Office of the Information and Privacy Commissioner by March 31. Cross-jurisdictional teams should compare with Ontario's more open EPA record access to mitigate impacts. Source: https://thetyee.ca/News/2026/03/10/BC-Government-Stealth-Attack-Freedom-Information/ ━━━━━━━━━━━━━━━━━━━━ ### Regulatory & Policy Watch **Ontario Green Burial Barriers: The Narwhal** Ontario's Cemetery, Crematorium and Funeral Services Act, administered under the Bereavement Authority of Ontario, imposes barriers to natural burials including soil quality assessments potentially triggering EPA O. Reg. 153/04 site investigations for contaminants. This means consultants may need to conduct Phase I/II ESAs for proposed burial sites to ensure compliance with CCME soil guidelines, increasing project costs and timelines. Action required: Review site-specific risk assessments for any Ontario land use changes involving burials, with municipal approvals often needing completion within 90 days of application. Source: https://thenarwhal.ca/green-burial-barriers-ontario/ **US Ocean Speed Limits for Right Whales: Grist** Proposed US weakening of vessel speed limits under the Endangered Species Act for North Atlantic right whales could influence Canadian regulations in the Gulf of St. Lawrence under the Fisheries Act Section 7 and SARA critical habitat protections, where 10-knot limits apply seasonally. This affects offshore energy and shipping projects in Atlantic provinces, potentially requiring updated impact assessments under the federal Impact Assessment Act (IAA) to align with cross-border species recovery. Monitor NOAA consultations closing April 15, 2026, for implications on harmonized thresholds. Source: https://grist.org/oceans/ocean-speed-limits-protect-endangered-right-whales-trump-wants-to-weaken-them/ **US Tribal Clean Energy Funding Cuts: Grist** US federal withdrawal of $1.5B in tribal clean energy funding under the Inflation Reduction Act parallels Canadian Indigenous...