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Brace Centre for Water Resources Management

McGill University, Sept. 25

François Boulanger, Regional DirectorFrançois Boulanger, Regional Director

The New Canadian Environmental The New Canadian Environmental Assessment Act (CEAA)Assessment Act (CEAA)

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Presentation Presentation OutlineOutline

Presentation Presentation OutlineOutline

Review of the Review of the Canadian Environmental Canadian Environmental Assessment ActAssessment Act

Highlights of Bill C-9 (Amendments to the Highlights of Bill C-9 (Amendments to the

Act)Act)• Overview (Background/Purposes)

• Most significant changes

• Next steps…

Module #1 3

Purposes of the ActPurposes of the Act

Consider environmental effectsConsider environmental effectsConsider environmental effectsConsider environmental effects

Promote sustainable developmentPromote sustainable developmentPromote sustainable developmentPromote sustainable development

Ensure cooperation, coordination & efficiencyEnsure cooperation, coordination & efficiencyEnsure cooperation, coordination & efficiencyEnsure cooperation, coordination & efficiency

Avoid significant adverse effects Avoid significant adverse effects Avoid significant adverse effects Avoid significant adverse effects

Ensure public participationEnsure public participationEnsure public participationEnsure public participation

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Application of the CEAAApplication of the CEAA

The The CEAACEAA sets out the sets out the responsibilities and proceduresresponsibilities and procedures for environmental assessments of projects for environmental assessments of projects involving involving the federal government.the federal government.

Proclaimed January 1995 – Reviewed in 2000

Assess projects requiring a federal decision

6000-7000 assessments annually

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________________________________________

For CEAA to apply, there must be:

A “CEAA project”

A federal “decision” to make about the project

__________________________________________

Does the federal Environment Does the federal Environment Assessment Process apply?Assessment Process apply?

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CEAA ProjectCEAA ProjectUndertaking related to a Undertaking related to a

physical workphysical work

Some Some

activitiesactivities not linked not linked

to a to a physical physical

workwork

ORConstructionConstruction OperationOperation

DecommissioningDecommissioning ModificationModification

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EA Decision TriggersEA Decision Triggers____________________________________________

EAEAEAEA

Funding

Regulatory Decision

Property Transfer

Project Proponent

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Type of Assessment Screening Comprehensive Study Review Panel

6,000-7,000/yr 42 completed 9 panels completed 14 ongoing 7 ongoing

What federal EA should What federal EA should include?include?

Screenings:Screenings:

• Environmental effects• Cumulative effects• Significance of effects• Mitigation• Public comments where

appropriate• Other matters optional,

e.g. need for project

Comp. Studies, Review Panels:Comp. Studies, Review Panels:

• Screening items• Purpose of project• Alternative means• Need for follow-up program• Capacity for renewable

resources• Public consultation

Module #3 10

Possible Screening Possible Screening DecisionsDecisions

Not Likely Significant

Not Likely Significant

Proceed withProceed with projectproject

Proceed withProceed with projectproject

Uncertainty/Significant adverse effects justifiable/Public Concern

Warranted

Uncertainty/Significant adverse effects justifiable/Public Concern

Warranted

Panel or Panel or MediationMediationPanel or Panel or MediationMediation

Likely significant(Not justifiable)

Likely significant(Not justifiable)

Do not proceed Do not proceed with projectwith project

Do not proceed Do not proceed with projectwith project

CEAA Project ExampleDredging in the Saint-Lawrence

• Activity is a project under CEAA Activity is a project under CEAA (Inclusion List)(Inclusion List)

• Potential trigger : proponent, funding and regulatory Potential trigger : proponent, funding and regulatory decisiondecision

• Type of EA : ScreeningType of EA : Screening

• Potential Federal Authorities involved in the EA : Potential Federal Authorities involved in the EA : Public Work, Fisheries and Oceans, Environment Public Work, Fisheries and Oceans, Environment CanadaCanada

Highlights of Highlights of Bill C-9Bill C-9

Amendments to Amendments to the Actthe Act

Overview of Bill C-9

Minister of the Environment’s 5 yr. Review Minister of the Environment’s 5 yr. Review - (1200 Canadians consulted)(1200 Canadians consulted)

Builds on existing fundamentals & core principles Builds on existing fundamentals & core principles - Self-assessmentSelf-assessment

Royal Assent - June 2003 Royal Assent - June 2003 Goals targetedGoals targeted::

- More certain, predictable and timely processMore certain, predictable and timely process

- Improved quality of assessmentsImproved quality of assessments

- More meaningful public participationMore meaningful public participation

Increase Cooperation Increase Cooperation

1) Promote cooperation & coordinated action between

federal & provincial governments with respect to EA processes for projects - s.4(1)(b.2)

2) Promote communication & cooperation between RAs and Aboriginal peoples - s.4(1)(b.3)

Support Precautionary Support Precautionary PrinciplePrinciple

4(1)(a)… in a precautionary manner …to ensure that such projects do not cause significant adverse environmental effects.

NewNew s.4(2) s.4(2) Duties of the Government of Canada … in a manner that

protects the environment & human health & applies the

precautionary principle

NewNew s.4(2) s.4(2) Duties of the Government of Canada … in a manner that

protects the environment & human health & applies the

precautionary principle

Improved Improved Federal Federal CoordinationCoordination______________________________________________________________________________________________________________________________________

NewNew:: Federal Environmental Assessment Coordinator for Federal Environmental Assessment Coordinator for

screenings & comprehensive studies -screenings & comprehensive studies - s. 12.1-12.5s. 12.1-12.5_________________________________________________________________________________________________________________________________________

Role:Role: - Coordinate participation of federal authoritiesCoordinate participation of federal authorities- Facilitate communication & cooperation with Facilitate communication & cooperation with

other jurisdictions other jurisdictions

_______________________________________________________________________________________________________________________________________

Focus on Appropriate Projects

Simplify class screening process

Expand Exclusion List Regulations

Expand coverage of the Act (Crown Corps, $ reserve land, federal land)

Comprehensive Study Comprehensive Study s.21-s.23s.21-s.23

NewNew::

Assessment track established by Minister of the Assessment track established by Minister of the Environment during scoping phaseEnvironment during scoping phase (s.21)(s.21)

a) Continue with CS

OR

b) Conduct review panel or mediation

Opportunity for public consultation before Opportunity for public consultation before making recommendationmaking recommendation

Comprehensive Study Comprehensive Study (cont.)(cont.)

New New

Opportunity for public consultation during conduct of Opportunity for public consultation during conduct of studystudy (s. 21.2)(s. 21.2)

Participant fundingParticipant funding (s. 58) - (Agency)(s. 58) - (Agency)

At the end of the CS, the Minister issues an EA At the end of the CS, the Minister issues an EA decisiondecision

MaintainedMaintained:: Opportunity for public comments on CS Opportunity for public comments on CS reportreport

Prohibition Prohibition OrdersOrders

NewNew::

Power for Minister of the Environment or an Power for Minister of the Environment or an Responsible Authority to prohibit work on a Responsible Authority to prohibit work on a project until EA decision takenproject until EA decision taken- s.20 or s.37

NOTE: Enforceable by court injunction sought by the Enforceable by court injunction sought by the

Attorney General or any personAttorney General or any person - s.11.2

NewNew::

Power for Minister of the Environment or an Power for Minister of the Environment or an Responsible Authority to prohibit work on a Responsible Authority to prohibit work on a project until EA decision takenproject until EA decision taken- s.20 or s.37

NOTE: Enforceable by court injunction sought by the Enforceable by court injunction sought by the

Attorney General or any personAttorney General or any person - s.11.2

New ConsiderationsNew Considerations

Recognition that Recognition that community knowledgecommunity knowledge & &

Aboriginal traditional knowledgeAboriginal traditional knowledge may may

be considered in EA - be considered in EA - s.16.1s.16.1

Recognition that Recognition that community knowledgecommunity knowledge & &

Aboriginal traditional knowledgeAboriginal traditional knowledge may may

be considered in EA - be considered in EA - s.16.1s.16.1

Recognition that results of Recognition that results of regional studiesregional studies may be used where federal authorities may be used where federal authorities have participated have participated - s. 16.2- s. 16.2

Recognition that results of Recognition that results of regional studiesregional studies may be used where federal authorities may be used where federal authorities have participated have participated - s. 16.2- s. 16.2

Follow-up - s.38Follow-up - s.38

NewNew:: Mandatory follow-up after comprehensive study, review panel & Mandatory follow-up after comprehensive study, review panel &

mediationmediation s.s.38(2)38(2)

Scope of follow-up less restrictiveScope of follow-up less restrictive s.s.38(3)38(3) Federal Authorities that request particular follow-up measures must Federal Authorities that request particular follow-up measures must

assist in implementation if requested by RAassist in implementation if requested by RA s.s.38(4)38(4)

ClarifiedClarified:: Responsible Authority must consider if follow-up appropriate for a Responsible Authority must consider if follow-up appropriate for a

screeningscreening s.s.38(1)38(1)

Results of a follow-up program may be used for implementing Results of a follow-up program may be used for implementing adaptive managementadaptive management & to & to improve quality of future EAsimprove quality of future EAs s.s.38(5)38(5)

Meaningful public participation

Canadian Environmental Assessment Registry (CEAR) Canadian Environmental Assessment Registry (CEAR) (Internet site & project files)(Internet site & project files)

Notice of commencement of EA Provide scope of project

Expand opportunities for participation Ministerial Guideline criteria

Expand role of public in comprehensive studies Consult on scoping & EA track, during study Participant funding program extended

Enhanced Agency role - Enhanced Agency role - s.62 & s.63s.62 & s.63

New Objects:New Objects: Promote & monitorPromote & monitor & & facilitatefacilitate

– Compliance with the Act– Quality of assessmentsQuality of assessments

Consult Aboriginal peoples on policy issues related to the ActConsult Aboriginal peoples on policy issues related to the Act

Power toPower to::

Establish & lead quality assurance program

Assist parties in building consensus & resolving disputes

Obtain information from Responsible Authorities/bodies subject to Act & Regs.

Power toPower to::

Establish & lead quality assurance program

Assist parties in building consensus & resolving disputes

Obtain information from Responsible Authorities/bodies subject to Act & Regs.

Next Steps Next Steps ......

Coming into force - Coming into force - Fall 2003Fall 2003

Transitional provisionTransitional provision

EAs started before proclamationEAs started before proclamation

can continue under the old processcan continue under the old process

Requirement for Parliament to review Requirement for Parliament to review

the Act, 7 years after Royal Assentthe Act, 7 years after Royal Assent

Coming into force - Coming into force - Fall 2003Fall 2003

Transitional provisionTransitional provision

EAs started before proclamationEAs started before proclamation

can continue under the old processcan continue under the old process

Requirement for Parliament to review Requirement for Parliament to review

the Act, 7 years after Royal Assentthe Act, 7 years after Royal Assent