CEAA 2012 EA PROCESS OPTIONS OCTOBER 15, 2012

Overview EA Process under CEAA 2012 Screening Environmental Assessment (Standard) Panel Review S. 67, 68 Reviews

CEAA 2012 Pr PROCESS

Screening (Sections 8 – 12) True screening of projects, not to be confused with CEAA screenings Doesn’t apply to NEB, CNSC projects or Minister-designated projects s. 8.(1) Project description to be provided s. 8.(1) Agency may require amended description within 10 days (s.8.(2) if “decision cannot be made” because description “incomplete” or lacks “sufficient details”

Screening (Sections 8 – 12) Internet posting of description summary s.9 Public comments within 20 days s. 9.(c) Within 45 days after posting, Agency must: conduct screening s. 10.(a) decide if environmental assessment required s. 10.(b)

Screening (Sections 8 – 12) Agency must consider following s. 10.(a) factors: “Description of the designated project” “Possibility that the carrying out of the project may cause adverse environmental effects” “Comments received from the public” “Results of any relevant study by a committee established under section 73 or 74”

Environmental Assessment (Standard) Similar to CEAA comprehensive study Undertaken by Responsible Authority (Agency, NEB, CNSC) S. 15 Notice and Consultation requirements ss. 17, 18 EA must assess factors set out in s. 19.(1) RA must ensure EA is conducted, report prepared s. 22

Environmental Assessment (Standard) RA must ensure public “provided with an opportunity to participate” s.24 RA must post draft report, provide opportunity for public comments s. 25

Environmental Assessment (Standard) RA/Minister required to make project decision within 365 days s. 27.(1), (2) Time spent by proponent with respect to EA not included in 365 days Minister may grant an extension of up to three months s. 27.(3) Process requirements for EAs carried out by NEB tailored to specific NEB regulatory processes.

Panel Reviews Independent ad hoc panel s. 42.(1) Mandatory public participation and funding s. 57, 58 Mandatory hearings with opportunities to present evidence and question witnesses

Panel Reviews Minister has 60 days from notice of commencement to refer an environmental assessment to a panel review s.38.(1) No panel reviews are permitted for NEB, CNSC projects (already have regulatory hearings) s.38.(6) One-person panels are now permitted, (previously a minimum of three) s.42.(1)

Panel Reviews Minister specifically authorized to seek further information from the proponent after reviewing the panel report and before making a final project decision. Overall timeline of 2 years for panel reviews imposed s. 38.(3) Minister may authorize 3 month extension Time spent by Proponent to provide information requested by Panel not included. S.48.(a)

Panel Reviews Minister may terminate panel review if failure to report within specified period s. 49.(1) Agency required to complete terminated review s. 50

Federal Lands Process (S. 67) Applies to projects to be carried out on federal lands (National Parks, National Wildlife Areas, Indian Reserves) No CEAA 2012 EA is required Authority required to decide whether project “likely to cause significant adverse environmental effects and if so, whether effects “justified in the circumstances” Doesn’t apply to projects with interprovincial effects

Projects Outside Canada (S. 68) Applies to projects to be carried out outside Canada by federal authority or to projects outside Canada receiving financial assistance by federal authority No CEAA 2012 EA is required Authority required to decide whether project “likely to cause significant adverse environmental effects and if so, whether effects “justified in the circumstances”