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Brace Centre for Water Resources Management McGill University, Sept. 25

The New Canadian Environmental Assessment Act (CEAA). Brace Centre for Water Resources Management McGill University, Sept. 25. François Boulanger, Regional Director. 1. Presentation Outline. Review of the Canadian Environmental Assessment Act Highlights of Bill C-9 (Amendments to the

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Brace Centre for Water Resources Management McGill University, Sept. 25

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

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

  3. Purposes of the Act Consider environmental effects Promote sustainable development Ensure public participation Avoid significant adverse effects Ensure cooperation, coordination & efficiency Module #1

  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 • 6000-7000 assessments annually 4

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

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

  7. EA Decision Triggers____________________________________________ Regulatory Decision Funding EA Property Transfer Project Proponent

  8. Type of Assessment ScreeningComprehensive StudyReview Panel 6,000-7,000/yr 42 completed9 panels completed 14 ongoing 7 ongoing

  9. 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 What federal EA should include?

  10. Possible Screening Decisions Uncertainty/ Significant adverse effects justifiable/ Public Concern Warranted Not Likely Significant Likely significant (Not justifiable) Proceed with project Panel or Mediation Do not proceed with project Module #3

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

  12. Highlights of Bill C-9 Amendments to the Act

  13. 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

  14. 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)

  15. 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)Duties of the Government of Canada … in a manner that protects the environment & human health & applies the precautionary principle

  16. Improved Federal Coordination ______________________________________________________________________________________________________________________________________ New: Federal Environmental Assessment Coordinator for screenings & comprehensive studies -s. 12.1-12.5 _________________________________________________________________________________________________________________________________________ Role: • Coordinate participation of federal authorities • Facilitate communication & cooperation with other jurisdictions _______________________________________________________________________________________________________________________________________

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

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

  19. 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

  20. Prohibition Orders New: • 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 NOTE:Enforceable by court injunction sought by the Attorney General or any person - s.11.2

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

  22. Follow-up - s.38 New: • Mandatory follow-up after comprehensive study, review panel & mediations.38(2) • Scope of follow-up less restrictives.38(3) • Federal Authorities that request particular follow-up measures must assist in implementation if requested by RAs.38(4) Clarified: • Responsible Authority must consider if follow-up appropriate for a screenings.38(1) • Results of a follow-up program may be used for implementing adaptive management & to improve quality of future EAss.38(5)

  23. Meaningful public participation • 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

  24. Enhanced Agency role - s.62 & s.63 New Objects: • Promote & monitor& facilitate • Compliance with the Act • Quality of assessments • 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.

  25. Next Steps ... • Coming into force - Fall 2003 • Transitional provision • EAs started before proclamation • can continue under the old process • Requirement for Parliament to review • the Act, 7 years after Royal Assent

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