1. Environmental Assessment Act – Overview Environmental Media Group

2. Outline Introduction. Introduction. Purpose of the legislation. Purpose of the legislation. Legal Context. Legal Context. Enforcement Mechanism. Enforcement Mechanism. Level of Compliance. Level of Compliance. Court decisions of note. Court decisions of note. Comments & questions. Comments & questions.

3. Environmental Assessment Act An Act to establish a federal environmental assessment process.

4. Purpose of the Regulation Ensure that projects are considered in a careful and precautionary manner. Ensure that projects are considered in a careful and precautionary manner. Promote sustainable development. Promote sustainable development. Promote cooperation between federal and provincial governments. Promote cooperation between federal and provincial governments. Promote communication and cooperation between responsible authority and Aboriginal peoples with respect to assessment. Promote communication and cooperation between responsible authority and Aboriginal peoples with respect to assessment. Ensure that new developments projects do not cause significant adverse environmental impacts. Ensure that new developments projects do not cause significant adverse environmental impacts. Ensure meaningful pubic participation throughout the assessment process. Ensure meaningful pubic participation throughout the assessment process. Eliminate unnecessary duplication of the assessment process. Eliminate unnecessary duplication of the assessment process.

5. Legal Context The Act is binding on Her Majesty in right of Canada or a province. The Act is binding on Her Majesty in right of Canada or a province. Administered by federal authority. Administered by federal authority. Administered in part by Canadian Environmental Agency. Administered in part by Canadian Environmental Agency.

6. Role of the Canadian Environmental Assessment Agency Administration. Administration. Research and Development. Research and Development. Coordination. Coordination. Compliance and Quality Assurance. Compliance and Quality Assurance. Public Participation. Public Participation. Aboriginal Peoples. Aboriginal Peoples.

7. Related Regulations Canada Port Authority Environmental Assessment Regulations. Canada Port Authority Environmental Assessment Regulations. Comprehensive Study List Regulations. Comprehensive Study List Regulations. Exclusion List Regulations. Exclusion List Regulations. Federal Authorities Regulations. Federal Authorities Regulations. Inclusion List Regulations. Inclusion List Regulations. Law List Regulations. Law List Regulations. Projects Outside Canada Environmental Assessment Regulations. Projects Outside Canada Environmental Assessment Regulations. Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements. Regulations Respecting the Coordination by Federal Authorities of Environmental Assessment Procedures and Requirements.

8. When Does the Act Apply? When federal authority: proposes a project proposes a project provides financial assistance to a proponent to enable a project to be carried out provides financial assistance to a proponent to enable a project to be carried out sells, leases, or otherwise transfers control or administration of federal land to enable a project to be carried out sells, leases, or otherwise transfers control or administration of federal land to enable a project to be carried out provides a license, permit or an approval that is listed in the Law List Regulations that enables a project to be carried out. provides a license, permit or an approval that is listed in the Law List Regulations that enables a project to be carried out.

9. When Does the Act Apply ? Is There a Project ? Is the Project Excluded ? Is There a Federal Authority ? Is There a Trigger ? Act Does Not Apply Act Applies NO YES NO YES NO YES

10. Environmental Assessment Process

11. Enforcement Mechanism Federal Court. Federal Court. Government of Canada. Government of Canada. Minister of the Environment. Minister of the Environment. No specific enforcement mechanisms outlined in the act. No specific enforcement mechanisms outlined in the act. No penalties outlined in the act. No penalties outlined in the act.

12. Level of Compliance Screenings OngoingCompleted Comprehensive Studies Review Panels Total Initiated in 2003-20042,1593,482106 Statistical Summary of Environmental Assessments Initiated in 2003-2004 http://www.tbs-sct.gc.ca/rma/dpr/03-04/CEAA-ACEE/CEAA-ACEEd3401_e.asp#Anchor-Executiv-52207

13. Limitations of the Act Lack of funding for public participation. Lack of funding for public participation. Act is biased towards economic development. Act is biased towards economic development. Act is biased towards federal authorities. Act is biased towards federal authorities. Discretional authority of federal authority is too broad. Discretional authority of federal authority is too broad. Limited opportunity for public input and comprehensive studies. Limited opportunity for public input and comprehensive studies. Lack of clarity with respect to Crown corporations, Indian reserves and harbour commissions. Lack of clarity with respect to Crown corporations, Indian reserves and harbour commissions. Lack of clarity with respect to scoping process. Lack of clarity with respect to scoping process.

14. Conclusion The act allows for sustainable economic development. The act allows for sustainable economic development. Promotes cooperation between project stake holders. Promotes cooperation between project stake holders. Encourages federal involvement in environmental protection. Encourages federal involvement in environmental protection. Encourages public participation. Encourages public participation. Lack of enforcement mechanism. Lack of enforcement mechanism. Lack of penalties for non compliance. Lack of penalties for non compliance.