CANADIAN ENVIRONMENTAL ASSESSMENT LEGISLATION

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CANADIAN ENVIRONMENTAL ASSESSMENT LEGISLATION

• ... CEAA the Act

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CEAA (The Act)

• Federal Act - came into force in 1995
• Legal obligations to Federal Authorities
• Applies to projects involving federal proponents,
  funds, lands and approvals
• International implications for Canada
• Environmental assessment required before
  Responsible Authorities take action
• Harmonized with provincial / territorial
  environmental assessment processes
• Administered by the CEA Agency
• Under review since 2000

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CEAA OBJECTIVES

• Consider environmental effects before taking
  action
• Promote sustainable development
• Carry out responsibilities in a coordinated
  manner
• Prevent significant adverse effects on outside
  jurisdictions
• Provide opportunities for public participation

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MAIN PARTS OF CEAA

• Purposes
• Projects to be assessed
• Excluded projects
• Responsible Authority
• Actions of Federal Authorities suspended
• Environmental assessment process
• Screening
• Comprehensive study
• Mediation and panel review
• Etc.

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CEAA REGULATIONS

• Inclusion List Regulations
• Exclusion List Regulations
• Comprehensive Study List Regulations
• Law List Regulations
• Federal Coordination Regulations
• Projects Outside Canada Regulations
• Federal Authorities Regulations
• Canada Port Authorities Regulations
• More to come ...

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EXCLUSION LIST REGULATION

• For undertakings in relation to a physical work
• Listed projects likely to have insignificant
  effects
• Projects do not require an assessment under the
  Act - other legislation may still apply
• Conditions listed e.g. size, proximity to water,
  release of polluting substance, etc.
• Other exclusions
• national emergency
• national interest
• prevent damage to property and resources

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INCLUSION LIST REGULATION

• For physical activities not relating to physical
  works that are projects under the Act and likely
  to have adverse effects
• Require a screening environmental assessment
• Most entries linked to Comprehensive Study List
• List divided into subject areas
• national parks
• electrical generating stations
• water projects
• etc.

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COMPREHENSIVE STUDY LIST REGULATION

• Projects considered likely to have significant
  adverse effects
• Comprehensive study environmental assessment
  required
• Minister of Environment decides
• Projects in categories such as
• national parks and protected areas
• electrical generating stations
• water projects
• etc.

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LAW LIST REGULATION

• Identifies federal statutory or regulatory
  project approvals that trigger environmental
  assessment
• Consists of 190 provisions for approvals
• Law List has three parts
• statutory provisions
• regulatory provisions
• provisions requiring G-i-C approval
• Triggers are permits, licenses, etc.
• Annotated law list available

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FEDERAL COORDINATION REGULATION

• Designed to ensure coordination among Federal
  Authorities (FAs)
• Identification and notification of FAs that may
  be involved
• Consultation among FAs on scoping
• Coordination of timing of decisions
• Coordination of all Responsible Authorities (RAs)
  interests and involvement in comprehensive
  studies
• guide available

 
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PROJECTS OUTSIDE CANADA REGULATION

• Process regulation for projects outside Canada
• Environmental assessments required in accordance
  with the Act - mostly funding trigger
• Varies and excludes certain sections of the Act
• Applies primarily to DFIAT, CIDA, DND and NRCan

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DEFINITIONS

• Project
• Environment
• Environmental effect
• Environmental assessment
• Screening
• Federal authority
• Responsible authority
• Mitigation
• Follow-up program

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PROJECT

• In relation to a physical work, any proposed
  construction, operation, modification,
  decommissioning, abandonment or other undertaking
  in relation to that physical work, or
• Any proposed physical activity not relating to a
  physical work that is on the Inclusion List
  Regulation

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ENVIRONMENT

• Components of the earth, and includes
• land, water and air, including all layers of the
  atmosphere,
• all organic and inorganic matter, and living
  things, and
• the connecting natural systems that include the
  above components.

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ENVIRONMENTAL EFFECT

• Any change that a project may cause in the
  environment, including effects of such changes
  on
• health and socio-economic conditions
• physical and cultural heritage
• current use of lands and resources for
  traditional purposes by aboriginals
• historical, archaeological, cultural ...
  resources
• Any change to the project that may be caused by
  the environment

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ENVIRONMENTAL ASSESSMENT SCREENING

• Environmental assessment
• An assessment of the environmental effects of a
  project that is conducted in accordance with the
  Act and regulations
• Screening
• An environmental assessment that is conducted in
  accordance to s. 18 and includes consideration of
  factors in s. 16(1)

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FEDERAL AUTHORITY

• Includes
• Minister of the Crown
• agency of the government of Canada
• department or corporation in the Federal
  Administration Act
• any other body by regulation under Act
• Does not include
• province, municipality, local government, etc.
• Band Council
• Crown Corporations, etc.

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RESPONSIBLE AUTHORITY

• A Federal Authority which exercises power, duty
  or function in s5 of the Act
• determines application of the Act
• complies with Federal Coordination Regulations
• ensures screening is conducted
• determines need for public participation
• establishes maintains the public registry
• provides public notification
• implements mitigation and follow-up
• other ...

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MITIGATION

• Elimination, reduction or control of adverse
  environmental effects of a project
• includes restitution for any damage to
  environment caused by such effects through
  replacement, restoration, compensation or other
  means
• Responsible Authority required to ensure that
  appropriate mitigation is implemented

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FOLLOW-UP PROGRAM

• Means a program for
• verifying adequacy of the environmental
  assessment
• determining effectiveness of mitigation measures
• responsible authority required to implement
  follow-up

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SCOPING

• Scope of the project
• Principle project
• Undertakings in relation to the project
• Other projects
• Scope of the assessment
• Section 16 factors
• RA discretion
• Public consultation
• Socio-economic effects etc
• Scope of the factors

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TRIGGERS (S. 5(1))

• When a Federal Authority
• is the proponent
• makes payment or provides financial assistance
• sells, leases or otherwise disposes of lands
• issues a permit or license, grants an approval
  (Law List)
• an environmental assessment must be carried
  out before the project can proceed

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No
Project?
Act cannot apply
Yes
APPLICATION OF CEAA
Project excluded?
Yes
No
Federal Authority?
No
Yes
Section 5 trigger?
No
Yes
Act applies
Act does not apply
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TRACKS

• For an environmental assessment
• exclusion
• screening
• class screening
• comprehensive study
• mediation
• panel review

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EXCLUSION

• Project is on Exclusion List Regulation
• Project is excluded by Section 7 of the Act
• Environmental effects likely insignificant
• No environmental assessment required
• CEAA does not apply
• Other environmental legislation may apply

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SCREENING

• Proposal is a project under CEAA
• Project is on Inclusion List Regulation
• Section 5(1) trigger applies
• Environmental assessment required
• Section 16(1) factors considered
• Public consultation discretionary
• Screening report prepared by RA
• RA responsible for implementation

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SCREENING FACTORS (s16(1))

• Screening of a project to consider
• Environmental effects
• Significance of effects
• Comments from the public
• Mitigation measures
• Any other matter determined by the RA
• need for the project
• alternatives to the project

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CLASS SCREENING

• Frequently carried out and similar projects
• Can prepare common environmental assessment
• Cost and time savings possible
• Specifications given in the Act
• Must be Gazetted
• Not many being prepared (see CEAA website)

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COMPREHENSIVE STUDY

• Project is on Comprehensive Study List
• Environmental assessment required
• Section 16 (12) factors considered
• Public consultation required
• Comprehensive study report prepared by RA
• Report submitted to CEAA and Minister
• Public review period
• Decision by Minister of Environment
• RA implements mitigation, follow-up ...

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COMPREHENSIVE STUDY FACTORS (s16(12))

• Comprehensive study of a project to consider
  Section 16(1) factors plus
• purpose of the project
• alternative means of carrying out project
• need for follow-up program
• resource sustainability

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MEDIATION

• Project referred to Minister of Environment after
  screening or comprehensive study
• Public concern referral
• Solution to impasse likely
• Minister appoints mediator
• Mediator brings proponent and RA together
• Public invited to participate in process
• Mediation report and recommendations
• Responsible Authority to implement

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PANEL REVIEW

• Project referred to Minister of Environment after
  screening or comprehensive study
• Public concern referral
• Solution to problem complex
• Minister appoints panel (terms of reference)
• Panel issues guidelines for public hearings
• Panel holds public hearings - interventions
• Report with recommendations issued to Minister
• Responsible Authority to implement

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PUBLIC CONSULTATION

• A purpose of CEAA
• Provision for direct referral to Minister
• Discretionary for screening
• Required for comprehensive study
• Notifications may be required
• Part of mediation and panel review
• Notification may be satisfied by public registry

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PUBLIC REGISTRY

• Responsible Authority to establish/maintain
• for each environmental assessment
• convenient public access
• Federal Environmental Assessment Index (FEAI)
  data base
• Responsible Authority listing of public registry
  contents
• documents/records to be registered
• public/Internet access

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CANADIAN ENVIRONMENTAL ASSSESSMENT AGENCY

• Provides advice to proponents
• Provides guidance to RAs
• Provides co-ordination among FAs
• Facilitates training
• One-window with province
• Ministerial review of comprehensive studies
• Conduct panel reviews
• Provides advice to Minister
• Seeks legal advice

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CEA AGENCY GUIDANCE

• Guides
• Responsible Authority Guide
• Citizen Guide
• Public Registry
• Cumulative Effects
• Physical and Cultural Heritage more
• Operational Policy Statements
• Scoping
• Project Description
• Alternatives more

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CEAA AMENDMENTS

• Section 72 5-year review 2000-01
• Goals
• Certain, predictable and timely process
• High-quality environmental assessments
• More meaningful public consultation
• Consultations
• National public sessions and workshops
• Website electronic bulletin board
• Provinces, Aboriginal groups, committees,
  agencies
• 2002 - Bill C-19 An Act to amend CEAA

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CEAA AMENDMENTS INITIATIVES

• Certain, predictable, timely process
• Focus on appropriate projects
• Improve coordination
• High-quality environmental assessments
• Improve compliance
• Strengthen follow-up
• Meaningful public consultation
• Timely access to information
• Strengthen Aboriginal perspectives
• Expand opportunities

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CEAA ASSESSMENTS

• CEAA no provincial assessment
• Whiteshell Laboratories decommissioning
• Port of Churchill dredging
• True North Entertainment Centre (arena)
• CEAA and provincial assessment
• Wuskwatim generation and transmission projects
• Flood control for City of Winnipeg
• Provincial assessment no CEAA
• Simplott potato processing plant
• City of Winnipeg biosolids land application

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Next Class

• Visit the Manitoba Conservation website and go to
  the environmental assessment page
• Read about Manitobas environmental assessment
  and licencing process
• Review The Environment Act and regulations
  dealing with environmental assessment
• Read about amendments to The Environment Act
• Determine which projects in Manitoba are being
  assessed
• Come to class prepared to discuss environmental
  assessment in Manitoba