Environmental Environmental Assessment Act – Assessment Act –

OverviewOverview

Environmental Media Group

OutlineOutline

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.

Environmental Environmental Assessment ActAssessment Act

An Act to establish a An Act to establish a federal federal

environmental environmental assessment assessment

process.process.

Purpose of the Purpose of the RegulationRegulation

Ensure that projects are considered in a careful and Ensure that projects are considered in a careful and precautionary manner.precautionary manner.

Promote sustainable development.Promote sustainable development. Promote cooperation between federal and provincial Promote cooperation between federal and provincial

governments.governments. Promote communication and cooperation between Promote communication and cooperation between

responsible authority and Aboriginal peoples with responsible authority and Aboriginal peoples with respect to assessment. respect to assessment.

Ensure that new developments projects do not cause Ensure that new developments projects do not cause significant adverse environmental impacts. significant adverse environmental impacts.

Ensure meaningful pubic participation throughout the Ensure meaningful pubic participation throughout the assessment process. assessment process.

Eliminate unnecessary duplication of the assessment Eliminate unnecessary duplication of the assessment process.process.

Legal ContextLegal Context

The Act is binding The Act is binding on Her Majesty in on Her Majesty in right of Canada or right of Canada or a province. a province.

Administered by Administered by federal authority. federal authority.

Administered in Administered in part by Canadian part by Canadian Environmental Environmental Agency.Agency.

Role of the Canadian Role of the Canadian Environmental Assessment Environmental Assessment

AgencyAgency

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.

Related RegulationsRelated Regulations

Canada Port Authority Environmental Canada Port Authority Environmental Assessment Regulations.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 Projects Outside Canada Environmental

Assessment Regulations.Assessment Regulations. Regulations Respecting the Coordination Regulations Respecting the Coordination

by Federal Authorities of Environmental by Federal Authorities of Environmental Assessment Procedures and Requirements. Assessment Procedures and Requirements.

When Does the Act When Does the Act Apply?Apply?

When federal authority:When federal authority: proposes a projectproposes a project provides financial assistance to a provides financial assistance to a

proponent to enable a project to be carried proponent to enable a project to be carried out out

sells, leases, or otherwise transfers control sells, leases, or otherwise transfers control or administration of federal land to enable or administration of federal land to enable a project to be carried out a project to be carried out

provides a license, permit or an approval provides a license, permit or an approval that is listed in the Law List Regulations that is listed in the Law List Regulations that enables a project to be carried out.that enables a project to be carried out.

When Does the Act Apply 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

NO

YES

NO

YES

YES

Environmental Assessment Environmental Assessment ProcessProcess

Determine if an EA is Required

Identify Who’s

Involved

Plan the EA

Conduct Analysis and Prepare EA Report

Review EA Report

Make EA Decision

Implement Mitigation and Follow-up Program as Appropriate

Enforcement MechanismEnforcement Mechanism

Federal Court.Federal Court. Government of Canada.Government of Canada. Minister of the Environment.Minister of the Environment. No specific enforcement mechanisms No specific enforcement mechanisms

outlined in the act.outlined in the act. No penalties outlined in the act. No penalties outlined in the act.

Level of ComplianceLevel of Compliance

  Screenings    

  Ongoing CompletedComprehensive

StudiesReview Panels

Total Initiated in 2003-2004 2,159 3,482 10 6

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

Limitations of the ActLimitations 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 Discretional authority of federal authority is too

broad.broad. Limited opportunity for public input and Limited opportunity for public input and

comprehensive studies.comprehensive studies. Lack of clarity with respect to Crown Lack of clarity with respect to Crown

corporations, Indian reserves and harbour corporations, Indian reserves and harbour commissions.commissions.

Lack of clarity with respect to scoping process.Lack of clarity with respect to scoping process.

ConclusionConclusion

The act allows for sustainable The act allows for sustainable economic development.economic development.

Promotes cooperation between Promotes cooperation between project stake holders.project stake holders.

Encourages federal involvement in Encourages federal involvement in environmental protection.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.