1 Brace Centre for Water Resources Management McGill University, Sept. 25 François Boulanger, Regional Director The New Canadian Environmental Assessment Act (CEAA)

2 Presentation Outline  Review of the Canadian Environmental Assessment Act  Highlights of Bill C-9 (Amendments to the Act) Act) Overview (Background/Purposes) Most significant changes Next steps…

Module #13 Purposes of the Act Consider environmental effects Promote sustainable development Ensure cooperation, coordination & efficiency Avoid significant adverse effects Ensure public participation

4 4 Application of the CEAA The CEAA sets out the responsibilities and procedures for environmental assessments of projects involving the federal government. Proclaimed January 1995 – Reviewed in 2000 Assess projects requiring a federal decision assessments annually

5 ________________________________________ For CEAA to apply, there must be:  A “CEAA project”  A federal “decision” to make about the project __________________________________________ Does the federal Environment Assessment Process apply?

6 CEAA Project CEAA Project Undertaking related to a physical work Some activities not linked to a physical work OR Construction Operation DecommissioningModification

7 EA Decision Triggers EA Decision Triggers ____________________________________________ EAEA Funding Regulatory Decision Property Transfer Project Proponent

8 Type of Assessment ScreeningComprehensive StudyReview Panel 6,000-7,000/yr 42 completed 9 panels completed 14 ongoing 7 ongoing

What federal EA should include? 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: Screening items Purpose of project Alternative means Need for follow-up program Capacity for renewable resources Public consultation

Module #310 Possible Screening Decisions Not Likely Significant Not Likely Significant Proceed with project project Proceed with project project Uncertainty/ Significant adverse effects justifiable/ Public Concern Warranted Uncertainty/ Significant adverse effects justifiable/ Public Concern Warranted Panel or Mediation Mediation Likely significant (Not justifiable) Likely significant (Not justifiable) Do not proceed with project Do not proceed with project

CEAA Project Example Dredging in the Saint-Lawrence Activity is a project under CEAA (Inclusion List)Activity is a project under CEAA (Inclusion List) Potential trigger : proponent, funding and regulatory decisionPotential trigger : proponent, funding and regulatory decision Type of EA : ScreeningType of EA : Screening Potential Federal Authorities involved in the EA : Public Work, Fisheries and Oceans, Environment CanadaPotential Federal Authorities involved in the EA : Public Work, Fisheries and Oceans, Environment Canada

Highlights of Bill C-9 Amendments to the Act

Overview of Bill C-9  Minister of the Environment’s 5 yr. Review - (1200 Canadians consulted)  Builds on existing fundamentals & core principles - Self-assessment  Royal Assent - June 2003  Goals targeted: - More certain, predictable and timely process - Improved quality of assessments - More 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 Principle Support Precautionary Principle 4(1)(a) … in a precautionary manner …to ensure that such projects do not cause significant adverse environmental effects. New s.4(2) New s.4(2) Duties of the Government of Canada … in a manner that protects the environment & human health & applies the precautionary principle New s.4(2) New s.4(2) Duties of the Government of Canada … in a manner that protects the environment & human health & applies the precautionary principle

Improved Federal Coordination ______________________________________________________________________________________________________________________________________ New: Federal Environmental Assessment Coordinator for screenings & comprehensive studies - s Federal Environmental Assessment Coordinator for screenings & comprehensive studies - s _________________________________________________________________________________________________________________________________________Role: - Coordinate participation of federal authorities - Facilitate communication & cooperation with other jurisdictions other jurisdictions _______________________________________________________________________________________________________________________________________

Focus on Appropriate Projects 3Simplify class screening process 3Expand Exclusion List Regulations 3Expand coverage of the Act (Crown Corps, $ reserve land, federal land)

Comprehensive Study s.21-s.23 New:  Assessment track established by Minister of the Environment during scoping phase (s.21) a) Continue with CS OR b) Conduct review panel or mediation  Opportunity for public consultation before making recommendation

Comprehensive Study (cont.) New  Opportunity for public consultation during conduct of study (s. 21.2)  Participant funding (s. 58) - (Agency)  At the end of the CS, the Minister issues an EA decision  Maintained: Opportunity for public comments on CS report

Prohibition Orders Prohibition Orders New:  Power for Minister of the Environment or an Responsible Authority to prohibit work on a project until EA decision taken  Power for Minister of the Environment or an Responsible Authority to prohibit work on a project until EA decision taken- s.20 or s.37 Enforceable by court injunction sought by the NOTE: Enforceable by court injunction sought by the Attorney General or any person Attorney General or any person - s.11.2 New:  Power for Minister of the Environment or an Responsible Authority to prohibit work on a project until EA decision taken  Power for Minister of the Environment or an Responsible Authority to prohibit work on a project until EA decision taken- s.20 or s.37 Enforceable by court injunction sought by the NOTE: Enforceable by court injunction sought by the Attorney General or any person Attorney General or any person - s.11.2

New Considerations Recognition that community knowledge &  Recognition that community knowledge & Aboriginal traditional knowledge may Aboriginal traditional knowledge may be considered in EA - s.16.1 be considered in EA - s.16.1 Recognition that community knowledge &  Recognition that community knowledge & Aboriginal traditional knowledge may Aboriginal traditional knowledge may be considered in EA - s.16.1 be considered in EA - s.16.1  Recognition that results of regional studies may be used where federal authorities may be used where federal authorities have participated - s have participated - s  Recognition that results of regional studies may be used where federal authorities may be used where federal authorities have participated - s have participated - s. 16.2

Follow-up - s.38 New: Mandatory follow-up after comprehensive study, review panel & mediation s. 38(2) Mandatory follow-up after comprehensive study, review panel & mediation s. 38(2) Scope of follow-up less restrictive s. 38(3) Scope of follow-up less restrictive s. 38(3) Federal Authorities that request particular follow-up measures must assist in implementation if requested by RA s. 38(4) Federal Authorities that request particular follow-up measures must assist in implementation if requested by RA s. 38(4) Clarified: Responsible Authority must consider if follow-up appropriate for a screening s. 38(1) Responsible Authority must consider if follow-up appropriate for a screening s. 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 management & to improve quality of future EAs s. 38(5) adaptive management & to improve quality of future EAs s. 38(5)

Meaningful public participation Canadian Environmental Assessment Registry (CEAR) (Internet site & project files)  Canadian Environmental Assessment Registry (CEAR) (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 - s.62 & s.63 New Objects: Promote & monitor & facilitate  Promote & monitor & facilitate – Compliance with the Act – Quality of assessments Consult Aboriginal peoples on policy issues related to the Act  Consult Aboriginal peoples on policy issues related to the Act Power to: Establish & lead quality assurance program Assist parties in building consensus & resolving disputes Obtain information from Responsible Authorities/bodies subject to Act & Regs. Power 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...  Coming into force - Fall 2003  Transitional provision EAs started before proclamation EAs started before proclamation can continue under the old process can continue under the old process  Requirement for Parliament to review the Act, 7 years after Royal Assent the Act, 7 years after Royal Assent  Coming into force - Fall 2003  Transitional provision EAs started before proclamation EAs started before proclamation can continue under the old process can continue under the old process  Requirement for Parliament to review the Act, 7 years after Royal Assent the Act, 7 years after Royal Assent